Matrimonial Dispute Is Misconduct Under TN Service Rules, Govt Dept Can Initiate Action Against Employee: Madras High Court

The Madras High Court recently observed that a matrimonial dispute was treated as a misconduct under the Tamil Nadu Government Servants' Conduct Rules, 1973, and the Government departments were empowered to initiate action such misconduct. The bench of Justice SM Subramaniam and Justice AD Maria Clete noted that a public servant was expected to maintain honesty, integrity and good conduct not just inside the office but outside as well. Thus, the bench held that even if a misconduct was committed in a matrimonial relationship, the department could initiate disciplinary proceedings. “Under the Tamil Nadu Government Servants' Conduct Rules, 1973, matrimonial dispute is also a misconduct and the Government Departments are empowered to initiate action against such misconducts. A public servant is expected to maintain honesty, integrity and good conduct both inside the office and in the society. Therefore, for the misconduct, even if it is committed in the matrimonial relationship, the Government Departments are empowered to initiate departmental disciplinary proceedings,” the court said. The court was hearing an appeal filed by the Executive Secretary of District Health Society/ Deputy Director of Health Services challenging an order of a single judge holding that a criminal case registered in a matrimonial dispute was not an impediment for continuation of government contractual employment. The respondent (original petitioner) was appointed as a Dental Assistant in Government Upgraded Primary Health Centre on contractual basis for a period of one year. The contract was renewed time to time. When the respondent was implicated in a criminal case, he was disengaged by the department. When this was challenged by way of writ proceeding, the single judge held that the criminal case in a matrimonial dispute was not an impediment for contractual employment. Against this, the department had filed the present appeal. The division bench however, noted that the order was not in consonance with the principles established by way of the service rules. Highlighting thatthe matrimonial dispute was also a misconduct, the court noted that the respondent's period of contract had also expired, following which he was disengaged. The court thus allowed the appeal and set aside the order of the single judge. Counsel for the Appellate: Mr. V. Om Prakash Government Advocate Counsel for the Respondent: Mr. K. R. Laxman Case Title: The Executive Secretary of District and Others v. K.S Subha Karuthukhan Citation: 2025 LiveLaw (Mad) 207 Case No: W.A.(MD) No.182 of 2020Click Here To Read/Download The Judgment

Matrimonial Dispute Is Misconduct Under TN Service Rules, Govt Dept Can Initiate Action Against Employee: Madras High Court

Upasana Sajeev

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