The Executive Secretary Of District vs K.S.Subha Karuthukhan
2025 Latest Caselaw 4940 Mad

Madras High Court

The Executive Secretary Of District vs K.S.Subha Karuthukhan on 17 June, 2025

Author: S.M.Subramaniam

Bench: S.M.Subramaniam

    2025:MHC:1398




                                                                                  W.A.(MD) No.182 of 2020



                                  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


                                              W.A.(MD) No.182 of 2020
                                                        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

                                                                 -vs-


                 K.S.Subha Karuthukhan                                                          ... Respondent




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                                                                                       W.A.(MD) No.182 of 2020




                           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



                                                           JUDGMENT

[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

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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.

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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.

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S.M.SUBRAMANIAM, J.

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

krk

and

17.06.2025

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