appointment of CS-urgent query
P.C. Joshi
(Querist) 21 October 2009
This query is : Resolved
Dear Friends
Pls let me have your views on the following query.
A is appointed as as a CS in a company. On joining day itself he has to send some communication to S/E regrding intimation of board meeting and news paper advertisement in the newspaper. He comes to know that the ex-CS has not yet resined and relieved who is on a long leave. Management says to A sign all the communiaction from day of joining itself and says that the resignation of es-Cs will be obtained with backdate effect. Furrther, A has not been given appointment letter as yet and the board resolution for his appointment will be passed at a b.m. scheduled next week. now my queries are:
1. Is it legally prpoer for A to sign the docs/communication as CS without having received any appointment letter received OR board resolution passed for his appointment when the ex-CS has not given reignation to the company.
2. Can the resolution for appointment of A be passed at the next B.M. with restropective effct OR it will be better to pass the resolution by circulation.
3. Is the resignaion letter of ex-CS compulsory for filing form 32 for ceasation of ex-CS. If ex-CS does n't give resignation, can company terminate him and file form 32 on the basis of resolution for termination/removal.
Matter is urgent pls revert.
Regards
P.C. Joshi
Raj Kumar Makkad
(Expert) 21 October 2009
1. It is entirely illegal to sign documents and communication before the formal appointment of CS means without issuance of appointment letter.
2. Resolution may be passed giving effect to retrospective effect but appointment cannot be made with retrospective effect on such post.
3. Yes. If CS (dont say him ex, because still he is on roll) doesn't given resignation as per desire of the management then company can initiate action against him but the ground of initiation of action cannot be non submission of resignation rather some other grounds shall be brought against him as we generally observe.
Sudharsan.m
(Expert) 21 October 2009
i fully agree with Mr.Raj Kumar Makkad and even for filing form 32 you need to attach the resolutions of the appointment and resignation and now-a-days e-filing made easy, however if your resolution with one retrospective and another is prospective then ROC will not register and accept and even resignation of CS also intimated to the ROC.
Arul Kumar
(Expert) 23 October 2009
The Board can call the CS who is on long leave to offer resignation letter. After that the Board can pass a resolution regarding resignation of existing CS and appointment of new CS. Then all these facts to be intimated to the RoC through Form 32. It is illigal & illogical to pass a resolution retrospectively in the prospective Board Meeting.
