Supreme Court Upholds Biometric Attendance at Accountant General’s Office, Says Employee Consent Not Mandatory

In the appeal of Union of India & Ors. v. Dilip Kumar Rout & Ors., the Supreme has upheld Biometric Attendance at Accountant General’s Office and said that consent of employees is not mandatory in this scenario. In a judgment dated 29 October 2025, the Supreme Court upheld the introduction of a biometric attendance system at the Office of the Principal Accountant General (A&E), Odisha, holding that the measure is neither arbitrary nor unconstitutional merely because employees were not consulted prior to its implementation. The Court affirmed the right of the Union to enforce digital attendance mechanisms in public offices in furtherance of administrative efficiency, transparency, and discipline.

The appeal in Union of India & Ors. v. Dilip Kumar Rout & Ors. arose from challenges by employees who argued that the biometric attendance mandate infringed upon their constitutional rights and violated their service conditions due to lack of prior consultation. The High Court had interfered with the administrative decision, resulting in the Union approaching the Supreme Court. The bench underscored that public servants are subject to reasonable administrative controls and that no vested right exists to resist modern attendance-monitoring protocols aimed at ensuring accountability in public administration.

The Court noted that biometric systems constitute a rational mechanism for ensuring punctuality and integrity in attendance monitoring. It reiterated that there is no statutory or constitutional requirement mandating the government to secure prior employee consultation before implementing such administrative measures. The judgment emphasised that efficiency and probity in governance justify such technological interventions, and that administrative convenience and public interest outweigh individual discomfort, provided privacy safeguards are maintained under prevailing data-protection norms.

The Court, while dismissing the challenge, relied on the established jurisprudence that government offices enjoy wide latitude in regulating discipline and conditions of service in the workplace so long as such actions do not violate statutory provisions or fundamental rights. And the bench held that biometric attendance per se does not infringe privacy in view of the proportionality-based constitutional standards laid down in K.S. Puttaswamy v. Union of India, since the system involves no more than verification of attendance at the workplace and the implementation thereof is accompanied with reasonable data-security protections.

The judgment thus explained that service jurisprudence does not confer any right to opt out on the basis of inconvenience or alleged procedural lapses when attendance systems are modernized. Such technological governance reforms, the Court insisted, cannot be stalled either on speculative grounds or for administrative resistance, particularly in public offices entrusted with financial oversight and audit functions. Finding no infirmity in the biometric attendance mandate and noting the absence of any demonstrable prejudice to the employees, the Court restored the administrative circular. The judgment thus reiterates deference by the judiciary to executive policy in operational matters relating to public workforce governance, provided, of course, that constitutional safeguards are kept intact.

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Legal Remedies for Breach of Contract in India

Contracts are fundamental to business and personal transactions, establishing clear obligations and expectations between parties. When one party fails to fulfill their contractual obligations, it constitutes a breach of contract. In India, the legal system provides various remedies to address such breaches and ensure justice. This blog explores the primary legal remedies available for breach of contract under Indian law.

1. Suit for Damages

Definition:
A suit for damages is a common remedy where the aggrieved party seeks compensation for the loss suffered due to the breach.

Types of Damages:

  • Compensatory Damages: These are awarded to compensate for the actual loss suffered by the non-breaching party. They aim to restore the injured party to the position they would have been in had the contract been performed.
  • Consequential Damages: These cover indirect losses that result from the breach. They are awarded if the breaching party knew or should have known that the breach would cause such losses.
  • Punitive Damages: Rare in Indian law, punitive damages are intended to punish the breaching party and deter future breaches. They are awarded in exceptional cases where the breach is deemed particularly egregious.

Legal Basis:
Section 73 of the Indian Contract Act, 1872, governs the award of damages for breach of contract.

2. Specific Performance

Definition:
Specific performance is an equitable remedy where the court orders the breaching party to fulfill their contractual obligations as agreed.

When Applicable:

  • Unique Goods or Property: Specific performance is commonly used in cases involving the sale of unique goods or immovable property, where damages alone are insufficient to compensate the aggrieved party.
  • Contractual Obligation: The remedy is available if the contract is still enforceable and not void or voidable.

Legal Basis:
Specific performance is governed by Section 14 of the Specific Relief Act, 1963, which outlines the circumstances under which this remedy can be granted.

3. Rescission of Contract

Definition:
Rescission is the cancellation of the contract, which effectively nullifies the agreement and releases both parties from their obligations.

When Applicable:

  • Misrepresentation or Fraud: Rescission can be sought if the contract was entered into based on fraudulent misrepresentation or undue influence.
  • Mutual Mistake: If both parties made a fundamental mistake about a fact essential to the contract, rescission may be appropriate.

Legal Basis:
Rescission is governed by Sections 19 and 20 of the Indian Contract Act, 1872, which deal with contracts entered into under misrepresentation, fraud, or mistake.

4. Injunction

Definition:
An injunction is a court order that directs a party to refrain from performing a specific act or to cease an ongoing activity.

Types of Injunctions:

  • Permanent Injunction: Issued after a trial, it provides a long-term solution to prevent future breaches or harm.
  • Temporary Injunction: Granted before the trial to preserve the status quo and prevent irreparable damage.

Legal Basis:
Injunctions are governed by the Specific Relief Act, 1963, particularly Sections 36 to 42, which outline the conditions and procedures for obtaining injunctive relief.

5. Quantum Meruit

Definition:
Quantum meruit, meaning “as much as he has earned,” is a remedy where a party is compensated for the value of work done or services rendered when a contract is partially performed or terminated.

When Applicable:

  • Incomplete Contracts: If a contract is terminated before full performance, quantum meruit allows recovery for the work completed up to that point.
  • Unjust Enrichment: This remedy prevents the breaching party from benefiting unjustly at the expense of the non-breaching party.

Legal Basis:
The principle of quantum meruit is recognized under Indian contract law and applied based on the specific facts and circumstances of the case.

Conclusion

In India, remedies for breach of contract are designed to ensure that parties to an agreement receive fair compensation or enforcement of their contractual rights. Whether seeking damages, specific performance, rescission, injunctions, or quantum meruit, the legal system provides mechanisms to address breaches and uphold contractual obligations.

Understanding these remedies is crucial for anyone involved in contractual agreements, whether in business or personal transactions. For tailored advice and representation in breach of contract cases, consulting a legal professional is highly recommended.

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