In a significant judgment, the Madurai Bench of the Madras High Court ruled that a matrimonial dispute involving a government employee could amount to misconduct under the Tamil Nadu Government Servants' Conduct Rules, 1973. This decision empowers government departments to initiate disciplinary action, even in cases that stem from personal or domestic issues.
The division bench comprising Justice S.M. Subramaniam and Justice Dr. A.D. Maria Clete made this observation while allowing a writ appeal filed by the Executive Secretary of the District Health Society and others. The appeal challenged an earlier order from a single judge that had held a criminal case related to a matrimonial dispute would not disqualify someone from continuing on a government contract.
The respondent in the case, K.S. Subha Karuthukhan, was initially appointed as a Dental Assistant in the Government Upgraded Primary Health Centre in Bogaloor, Ramanathapuram District, on a contractual basis for one year. His contract was renewed periodically. However, after being implicated in a criminal case linked to a matrimonial issue, the health department disengaged him from service through an order dated 13 July 2017.
This disengagement was challenged by the respondent through a writ petition. A single bench of the High Court had ruled in his favour, observing that a criminal case arising from a matrimonial dispute should not prevent the continuation of contractual government employment.
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, the division bench clarified while reversing the earlier decision.
The judges emphasized the broader expectations from public servants.
"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 bench stated.
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The court further pointed out that the respondent's contract had already expired when the disengagement took place, rendering the single judge’s order inconsistent with the applicable service rules. The bench ruled that since the contract had ended and the conduct in question fell under the scope of misconduct as per the rules, the department's action was valid.
Accordingly, the High Court set aside the single judge's order dated 1 February 2018 in W.P.(MD) No.248 of 2018 and allowed the writ appeal filed by the government. The bench also dismissed the connected miscellaneous petition and ordered no costs in the matter.
The court's verdict reinforces the principle that public employees, even when working under a contract, are expected to maintain decorum and integrity not just in their professional capacity but in personal conduct as well.
The case was argued by Government Advocate Mr. V. Om Prakash for the appellants and by Mr. K.R. Laxman for the respondent.
Case Title: The Executive Secretary of District Health Society & Others v. K.S. Subha Karuthukhan
Case Number: W.A.(MD) No.182 of 2020
Date of Judgment: 17 June 2025
