Madras High Court: In a writ appeal filed under Clause 15 of Letters Patent to set aside the order, dated 01-02-2018, wherein the Court opined that the criminal case registered in a matrimonial dispute may not be an impediment for continuance of the government contractual employment, the division bench of S.M. Subramaniam and Dr. A.D.Maria Clete, JJ. clarified that, under the Tamil Nadu Government Servants’ Conduct Rules, 1973, matrimonial disputes constitute misconduct, thereby authorizing government departments to initiate disciplinary proceedings in such circumstances. In the present appeal, it was observed that the respondent’s contract had expired in 2017. Consequently, the Court found that the impugned order was inconsistent with these legal principles and the Conduct Rules and hence allowed the appeal.
The respondent was appointed as a Dental Assistant in the Government Upgraded Primary Health Centre for a period of one year on a contract basis. The contractual engagement was renewed from time to time. The respondent was implicated in a criminal case. Thus, he was disengaged by the appellants vide order dated 13-07-2017.
Under the Tamil Nadu Government Servants’ Conduct Rules, 1973, the Court held that matrimonial disputes constituted misconduct. Government departments were empowered to initiate disciplinary proceedings for such misconduct, as public servants were expected to maintain honesty, integrity, and good conduct both in office and in society. The Court noted that this principle applied even when misconduct occurred within a marital relationship.
In the case at hand, the respondent had been engaged as a contractual employee and his contract had expired in 2017. Consequently, the Court found that the impugned order was not in consonance with established principles and was inconsistent with the conduct rules.
Therefore, the Court set aside the impugned order and allowed the writ appeal.
[Executive Secretary of District Health Society v. K.S.Subha Karuthukhan, W.A.(MD) No.182 of 2020, decided on 17-06-2025]
*Judgment Authored by: Justice S.M.Subramaniam
Advocates who appeared in this case:
For Appellants : Mr.V.Om Prakash Government Advocate
For Respondent : Mr.K.R.Laxman