Madras High Court

Justice Hon’ble S.M.Subramaniam & Hon’ble Dr.Justice A.D.Maria Clete

Mr.V.OM Prakash Government Advocate vs Mr.K.R.Laxman on 17 June, 2025

Law Point: 

JUDGEMENT

1. The present writ appeal has been instituted challenging the writ order dated 01.02.2018, passed in W.P.(MD) No.248 of 2018.

2. The respondents in the said writ petition are the appellants herein.

3. The respondent / writ petitioner was appointed as a Dental Assistant in the Government Upgraded Primary Health Centre for a period of
one year on 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. The writ court formed an opinion that the criminal case registered in a matrimonial dispute may not be an impediment for continuance of the government contractual employment.

4. 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. Pertinently, in the present case, the respondent was engaged as a contractual employee and the period of contract was also expired and the respondent was disengaged in the year 2017 itself. Thus, the writ order is not inconsonance with the principles established.

5. Accordingly, the writ order dated 01.02.2018, passed in W.P. (MD) No.248 of 2018, is set aside and the writ appeal stands allowed. No costs. Consequently, connected miscellaneous petition is closed.

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