RIGHT TO LIFE WITH DIGNITY AND QUALITY
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ALL INDIA ASSOCIATION OF
CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS
(Representing the Superintendents of C.Ex & CGST)
[Recognised vide CBEC Letter F. No. B 12017/10/2004-Ad IV A
dated 21/01/2008]
6/7 A.T.D. Street, Race Course
Road, Coimbatore – 641018.
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President
Sanjay
Srinivasan
Vice Presidents:
Prabir Mukhopadhyay
Sanjay
Kumar
H.S. Bajaj
K.S. Kumar
P.K. Jaishankar Iyer
Secretary General
R. Manimohan
(09443063989)
Asst Secy General
Shishir Agnihotri
Joint Secretaries:
Kousik Roy
D. S. Thakur
Malkit
Singh Kalugasala Moorthy
Sandip Panvalkar
Core Committee:
Tirthankar Pyne
Ajit Kumar K.G.
Office Secretary:
K.R.Dinesh Kumar
(09443935875)
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Ref.
No: PMO/02/2017 Date: 27.11.2017
To
Dr. Jitendra Singh,
Hon’ble Minister of State,
PMO, Public Grievances &
Pensions,
South Block, New Delhi.
Respected
Sir,
Sub: Constitution
day – Threat to life posed by Introduction
of AADHAR Enabled Biometric Attendance System (AEBAS) – request for review
-reg
In pursuance of DoPT
instruction vide OM No. 11013/9/2014-Estt.A-III dated 28/01/2015
and 22/6/2015 on the above subjects and
subsequent orders issued and provisions made by the respective departments,
officers all over the country have been registering themselves in the system
(AEBAS) since last one and half year. The need for promptness in service/duty
to the citizens stands highlighted.
2. However, against the back drop of the
Constitution Day observed on the 26th of November, we would like
to bring to your kind attention, the manner in which the said AEBAS has been working
at cross purposes, threatening the Right to Life and also posing a problem to
the quality & dignity of life of the Government Servants brought under
the scheme.
3. Lack
of confidentiality of AADHAR data
posing a threat to Right to Life: Confidentiality of AADHAR data has
always been a matter of concern to the Government as well as the general
public. The recent decision of the
Government to stop private agencies from collecting such data has only
highlighted the vulnerability of the data already collected and accessed by
several private agencies.
3.1.
Recently,
in a reply to a query under RTI, UIDAI has reportedly admitted that AADHAR
data has been leaked on more than 200 Government sites alone.
3.2.
For
the officers working in investigating agencies like Central Excise, Customs,
Income Tax, CBI, Enforcement Directorate, Directorate of Revenue
Intelligence, Directorate of Goods and Service Tax Intelligence, etc., where
high profile persons and corporate are required to be investigated, any
threat of personal data compromise means threat to the persons themselves and
to the institutions also. (Further the notified office hours prescribed by
AEBAS would be counterproductive in these organisations)
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3.3.
A
9 member Constitutional Bench of the Hon’ble Supreme Court of India in the
judgement dated 24/8/2017 held the Right to Privacy as a Fundamental Right as a
part of the Right to Life under Article 21 itself. Though final decision of the
Constitution Bench on AADHAR is pending, its use as a legal tool to be linked
to attendance is put under question. It also raises question as to whether the
Government’s act to force an employee to get an AADHAR and/or produce it to
their department is legitimate.
3.4.
In
the light of linking of AADHAR to the salary accounts and bank accounts of the
individual officers, any breach of the data may endanger the life and property
of not only the official concerned but also his family.
3.5.
The
SBI itself had admitted to compromising of data pertaining to their Debit and
Credit Cards, thus highlighting the vulnerability of electronic data linked to
bank accounts.
3.6.
The
Government as an employer is bound to ensure safety and security to its
employees and their family.
3.7.
Considering
the varied contents in National Data Sharing and Accessibility Policy (NDSAP),
2012, Cyber Security Policy, 2013 and Right to Information Act, 2005, the
AADHAR data pertaining to the Government Servants is required to be classified
(apparently) as restricted, sensitive and close data, which is due till date.
4. Lack
of basic amenities and infrastructure affecting the dignity and quality of
life:
From
the beginning employees have been raising certain infrastructural/ operational,
support and technical/ legal issues on the implementation of AEBAS. Some of
them are highlighted below:
4.1. Office infrastructure:
Provision/availability of good Canteen facilities and clean lavatories always
remain helpful in maintaining punctuality and attendance in offices. However in
most of the offices both are still wanting.
The Departmental Canteen facilities have been withdrawn considerably
over a period of time, from the time of previous Governments.
4.2. Infrastructure for AEBAS: Apart from organisation registration,
offices are required to arrange for the Tabs as well as sound internet
connection (wifi) to ensure steady attendance arrangements for the employees.
Unfortunately, in most offices maintenance of infrastructure is very poor and
most of the AEBAS equipments (Tabs) are found out-of-order on most weekdays.
Poor internet/ wifi links add to further worry. On some occasions even the
central system is found failing. In effect, AEBAS, instead of being a mere
attendance register, has become a new concern, almost another work in the
beginning and end of a workday, for the employees, particularly putting to
great difficulty the women employees who have to adher to the time of their
share-cabs or shared rides in private vehicles.
5. We request that, at this momentous
hour, the above points may
be adequately considered by your good office and
necessary instructions be issued urgently to the concerned departments
(i)
to
review AEBAS and replace it with a separate attendance system (preferably using
the departmental systems like ‘icegate’ and ‘aces’)
(ii)
to attend the infrastructural issues
(provision of proper and clean lavatories, strengthening departmental Canteen
facilities etc), and until such time,
(iii)
to
continue with the attendance system as adhered to prior to introduction of
AEBAS.
Thanking You,
Yours truly,
(R. Manimohan)
Secretary General
Copy submitted to:
Smt. Vanaja Sarna,
Chairperson, CBEC
New Delhi. (with a request to recommend the case
of the Department in the light of security concerns involved)
(R. Manimohan)
Secretary General
Copy to:
1. All Sister Associations in the
CBEC
2.
All
Sister Associations in the Department of Revenue
3. Secretary General, CCGGOO
(R. Manimohan)
Secretary General
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