Misconduct

Domestic violence is not an issue with which workplace is concerned, and hence there should not be any desciplinary inquiry merely because some person is charged for domestic violence. Nevertheless, if the charge is established, such act may be treated as and conduct unbecoming of an employee and desciplinary inquiry may be initiated. Once desciplinary inquiry is initiated, and charges are established it is for the desciplinary authority to impose penalty and courts do not prefer to interfere in that. For example if the inquiry on the charges are against say sweeper, penalty of termination may not be justified but if the same charges is against, say welfare officer, the penalty of termination may be justified.

Domestic violence has nothing to do with his employment. In my opinion, an employee cannot be terminated from his service on the ground of domestic violence.