- (1.)The petitioner in this writ petition under Article 226 dated September 11, 2000 is questioning an order of Life Insurance Corporation of India (in short LIC) dated September 16,1993 (WP p.40) inflicting the penalty of removal from service on her husband, Amalendu Biswas, and seeking a mandamus commanding LIC to pay her all benefits which would have become payable on Amalendu's superannuation in ordinary course on February 28,1999.
Amalendu, working in LIC as a Higher Grade Assistant, was posted to Birpara Branch office of LIC's Jalpaiguri Division. He was granted leave of absence for the period from August 13, 1991 to October 4, 1991. On October 5, 1991 his brother Niharendu lodged a missing diary with Kotwali police station in Jalpaiguri that he went missing on October 4, 1991 at 10.30 hours. His mother wrote a letter dated December 4,1991 informing the Manager of the branch that he had gone missing on October 4, 1991, and that a missing diary had been lodged with the police on October 5,1991.

Amalendu's disciplinary authority issued a show-cause notice dated March 9, 1992 alleging that Amalendu was liable to be proceeded against for overstaying his leave for a continuous period of more than ninety days from October 5,1991 without any intimation therefore in writing. It was mentioned that the delivery agent had returned undelivered a letter dated December 17, 1991 asking him to explain his unauthorised absence. No reference was made to the letter of Amalendu's mother dated December 4,1991.

(2.)Under the circumstances, the disciplinary authority passed the order dated September 16, 1993 inflicting on Amalendu the penalty of removal from service with immediate effect on the grounds that he was overstaying his leave for a continuous period of more than ninety days from October 5,1991 without any intimation therefor in writing.
(3.)Lic sanctioned family pension for the petitioner with effect from November 1,1993, but did not pay. The petitioner instituted an OC Suit No. 227 of 1998 in the Court of the Civil Judge, Junior Division, Jalpaiguri. In the suit she prayed for a declaration that Amalendu, not heard for seven years, should be declared dead. LIC contested the suit. By a judgment dated March 19,1999 the suit was decreed.