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authorization on issuing letter

rajmore22 Full Member - Member Since: Oct 2008
Subject - authorization on issuing letter
Hi all

Can any one tell me is there any legal implecation if a preson who is below the designation e.g. Asst. Manager - P & A but has all the rights to sign on any company documents regards P & A issue due to non availablity of P & A Manager. the proper resolution is passed in the Board of Directors meeting.

Can he issue the show cause, termination, memo to the other department Manager position. or it has to be a G.M. the Asst. Mgr. P & A can not issue the letters

Pleaes advice.

Raj
malikjs Full Member - Member Since: Oct 2008
Subject - Re: authorization on issuing letter
dear
designation does not have any concern even if board authorise through resolution to issue appointment letter/termination letter etc than anyone who is authorise can issue any memo.even if peon is authorise by board for all these things than he can issue memo or can take any disciplkinary action.
tks
j s malik
rajmore22 Full Member - Member Since: Oct 2008
Subject - Re: authorization on issuing letter
Hi Mallik

thanks for your promt reply.

Raj
pramod Full Member - Member Since: Oct 2008
Subject - Re: authorization on issuing letter
Dear Mallik Ji
in service code or standing order whatever apply to the employee.
only appointing authority can take the disciplinary actions

Regards
PK Tripathi
K C S Kutty Full Member - Member Since: Nov 2008
Subject - Re: authorization on issuing letter
Appointment letter, show cause notice, or charge sheet etc. can be issued only by
the person who is empowered to do it. A person or persons may be empowered by the
Standing Orders / certified standing orders applicable to the employees. If the standing orders
delegate the powers of the person empowered, to other persons, they too can act.

In the absence of any standing orders or contract of employment, these powers vest with the Board of Directors (the Management) and they can delegate it by a resolution to any one they think.

No one can act without authority. I am discussing only legal issue.
rajmore22 Full Member - Member Since: Oct 2008
Subject - Re: authorization on issuing letter
Hi Mr. Kutty

thanks for your reply, in our company, appointing and terminating authority is Executive Director, but this is ths 1st time Mangnt has decided to give the authority to Me as incharge of P & A & HR dept. and that is also on a resolution they have declered. I have been given a authority up to issuing the show cause notice, memo etc. but appointing & terminating authority is still with Executive Director so please guide wether it is right or wrong.

Raj
Prabhat - Member Since: Nov 2008
Subject - Re: authorization on issuing letter
Dear Mr. Raj,

I am also agree with Mr. Kutty as he told that first of all Standing Orders shall prevail and in absence thereof, these powers shall vest with the Board of Directors (the Management) and they can delegate it by a resolution to any one.

Thanks Mr. Kutty for this clear-cut reply.

Prabhat K Srivastava
K C S Kutty Full Member - Member Since: Nov 2008
Subject - Re: authorization on issuing letter
Thanks Mr Srivastava ji. I think by now Mr Raj is clear that he has the authority by way of the resolution. Now when Mr Raj is acting on behalf of the Executive Director, he shall the authority of Executive Director. (only those authority which is delegated to him, please keep in mind)

Let's share our experience each other. One humble request to all friends. If you are not sure, please dont give any guess replies. Pl. dont mislead. In law there is only one answer. The RIGHT answer.

Regards,

KCS Kutty
rajmore22 Full Member - Member Since: Oct 2008
Subject - Re: authorization on issuing letter
Hi Mr. Kutty & Mr. Shrivastava

Thanks for your reply.

Raj


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