Himachal Pradesh High Court
Vipin Kumar Guleria vs State Of H.P. & Others on 8 January, 2020
Bench: Tarlok Singh Chauhan, Chander Bhusan Barowalia
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 1160 of 2019 Date of Decision: 08.01.2020 .
Vipin Kumar Guleria .....Petitioner Versus State of H.P. & others ......Respondents Coram The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
The Hon'ble Mr. Justice Chander Bhusan Barowalia, Judge.
Whether approved for reporting?1 No. For the petitioner: Mr. R.L. Chaudhary and Mr. H.R. Sidhu, Advocates.
For the respondents : Mr. Vinod Thakur, Mr. Desh Raj Thakur, Addl. AGs with Ms. Svaneel Jaswal, Mr. Bhupinder Thakur and Mr. Narender Singh Thakur, Dy. AGs.
Tarlok Singh Chauhan, Judge (oral).
On 27.12.2019, this Court passed the following order:
"Learned Additional Advocate General has placed on record office order dated 13th August, 2019, which reads as under:
"As you are aware that at present attendance in all Govt. offices is being marked in the Biometric Machine as per provision made in office Manual 2011 which provided "that all the officers/officials in H.P. as per provision 8.6.2 of office Manual 3rd edition, April 2011 Gazetted Government servants are not exempted from marking attendance."
Therefore, it has been decided by the Department to install the Biometric Machines in all 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.::: Downloaded on - 08/01/2020 20:27:48 :::HCHP 2
Colleges, so as to ensure the attendance of all teaching and non teaching staff in the Biometric Machine. These instructions may be complied within letter and spirit.
.
2. Since it is respondent No. 2 who has issued the above instructions, therefore, we direct respondent No. 2 to file his personal compliance affidavit on or before the next date of hearing, indicating therein as to whether the aforesaid instructions are being adhered to by respondent No. 3 and if not, then the same be got implemented strictly.
List on 8th January, 2020."
2. In compliance to the aforesaid order, respondent No. 2, i.e. Director, Higher Education, Himachal Pradesh, Shimla, has filed his personal affidavit, relevant portion whereof reads as under:
"2. That in compliance to the directions dated 27.12.2019 all the Principals of Government Colleges and Sanskrit Colleges were directed vide letter dated 02.01.2020 to comply with the instructions issued earlier by the Directorate vide letter No. EDN-H(8)A(6)- Misc./2016, dated 13.08.2019.
3. That in view of the above directions, the Principal, Vallabh Government College, Mandi, vide letter dated 03.01.2020 has informed that Biometric machine has been installed in the said College and the attendance is being marked by the Principal & non-teaching staff of the College only. Further, intimating that in spite of time to time instructions, the teaching staff is not marking the attendance in Biometric machine."
3. It is rather shocking that teaching staff of the Colleges are not marking their attendance in Biometric machines, so installed in the Colleges, despite specific instructions from the Director of Higher Education, Himachal Pradesh, Shimla, which is indeed a serious matter, as no one is above the law. The orders so passed by the Director Higher ::: Downloaded on - 08/01/2020 20:27:48 :::HCHP 3 Education, Himachal Pradesh, Shimla, are binding upon all, be it teaching or non-teaching staff in the Colleges, not only because of proprietary, but also because of conduct and other Rules governing conditions of service .
of the Government employees
4. Accordingly, we direct the entire teaching and non-
teaching staff of all the Colleges situate in Himachal Pradesh including Vallabh Government College, Mandi, to mark their attendance through Biometric Machines forthwith, failing which, such teaching and non-
teaching staff, who fail to mark his/her presence through Biometric Machines, shall not be paid salary for the day(s), when he/she refuses to mark his/her attendance as aforesaid. In addition thereto, such of the staff be it teaching or non-teaching shall be liable to be proceeded with departmental inquiry for violating the lawful instructions issued by respondent No. 2.
5. Needless to say that the Biometric Machines, so installed by the respondents shall be upgraded so as to ensure that the same can be connected or is connectable through INTERNET within six months from today.
6. The Secretary (Education) to the Government of Himachal Pradesh, is directed to circulate a copy of this order forthwith to all the Colleges in the State of Himachal Pradesh for compliance.
::: Downloaded on - 08/01/2020 20:27:48 :::HCHP 47. The petition is disposed of in the aforesaid terms.
Pending application(s), if any, also stands disposed of.
.
(Tarlok Singh Chauhan)
Judge
(Chander Bhusan Barowalia)
8th January, 2020 Judge
(CS/raman)
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