JUDGMENT :

MURALI PURUSHOTHAMAN, J.

1. The petitioner is a retired District Educational Officer. The petitioner's wife Smt. E.P. Pushpalatha was working as Head Mistress in Kunjithanni Government High School in Idukki District. She took charge as Head Mistress in the said school on 23.07.2014.

2. It is the case of the petitioner that on 06.03.2015, the 4th and 5th respondents who are the officials from the office of the Deputy Director of Education, Idukki went to the Kunjithanni Government High School under the guise of inspection and found that one clerk, namely, Anakha was continuously on leave. The 4th and 5th respondents demanded a statement in writing from the petitioner's wife regarding the absence of the said clerk and the salary collected by her. Petitioner's wife was not willing to give such statement forthwith in writing because she was busy with the SSLC examination to be held in couple of days. Petitioner's wife was threatened by the 4th respondent stating that she would face severe consequences if such a statement is not given. The 4th respondent was very aggressive and shouted and told that she would be put in jail etc; and the chair in that office was pushed away with force creating a scene in the office. She was also told that unless a statement is submitted by next day she would face severe consequences. Again in the evening, the 4th respondent telephoned the petitioner's wife and repeated the threat.

3. According to the petitioner, after the said incident, his wife was mentally stressed and on the next day, when she went to the school, she was nervous due to the threat caused by respondents 4 and 5 and could not concentrate on her duties. She went home little early and by about 7 O' clock in the evening, she fell unconscious and was taken to Kolenchery Medical College Hospital and she was admitted therein due to sudden stroke in the brain. At the hospital, she had undergone major operation and other treatment. However, she died in the hospital on 11.03.2015. According to the petitioner, the threat of the respondents 4 and 5 and the resultant stroke led to her unfortunate demise.

4. Though a complaint was submitted by petitioner's relative before the Vellathooval Police Station, no case was registered by the Police.

5. The District Educational Officer, Thodupuzha, on 11.03.2015 conducted an enquiry in connection with the death of the petitioner's wife and submitted Ext.P3 report along with statements of four persons stated to be present at the time of the visit of the respondents 4 and 5 to the school.

6. The Additional Director of Public Instructions (Academics) conducted another enquiry based on the instructions of the Director of Public Instructions and filed Ext.P4 report wherein it was reported that the death of the Head Mistress might be due to the stress and strain caused on account of the threat of respondents 4 and 5 and recommended appropriate action against them.

7. Ext.P5 is the report of the Deputy Director of Education, Idukki, narrating other incidents of insubordination and misbehavior of the 4th respondent and recommending strict action against respondents 4 and 5.

8. Based on Exts.P3 and P5 reports, as well as the complaint filed by the mother of the deceased, the Director of Public Instructions vide Ext.P6 proceedings suspended the 5th respondent who was the Senior Superintendent in the office of the Deputy Director of Education, Idukki and recommended the Government to suspend the 4th respondent, the Administrative Assistant.

9. The Government decided to conduct a hearing in the matter of disciplinary proceedings against the respondents 4 and 5 in relation to the incident leading to the demise of the petitioner's wife based on petitions preferred by respondents 4 and 5. The Director of Public Instructions submitted Ext.P7 report to the Government wherein, referring to Exts.P3 to P5 reports, the DPI reported that the said reports point to the lapses on the part of the respondents 4 and 5 and discipli