The Executive Secretary v. K.S.Subha Karuthukhan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and C.M.P.(MD) No.1270 of 2020 1.The Executive Secretary of District Health Society / Deputy Director of Health Services Ramanathapuram 2.The Deputy Director of Health Services Paramakudi Ramanathapuram District 3.The Block Medical Officer Government Upgraded Primary Health Centre Bogaloor, Ramanathapuram District ... Appellants -vsK.S.Subha Karuthukhan ... Respondent

Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 01.02.2018, passed in W.P.(MD) No.248 of 2018, on the file of this Court.

For Appellants :

Mr.V.Om Prakash Government Advocate For Respondent :

Mr.K.R.Laxman

J U D G M E N T

[Judgment of the Court was made by S.M.SUBRAMANIAM, J.] 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. [S.M.S., J.] [A.D.M.C., J.] 17.06.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The Executive Secretary of District, Health Society / Deputy Director of Health Services, Ramanathapuram.

2.The Deputy Director of Health Services, Paramakudi, Ramanathapuram District.

3.The Block Medical Officer, Government Upgraded Primary Health Centre, Bogaloor, Ramanathapuram District.

S.M.SUBRAMANIAM, J.

and DR.A.D.MARIA CLETE , J.

krk and C.M.P.(MD) No.1270 of 2020 17.06.2025