SHAMIM AHMED Vs. UNION OF INDIA

JUDGEMENT

(1.) Whether the Board of Directors of a company, registered under the Companies Act, 1956, can delegate any of its powers to anyone and if so, whether the person to whom the power has been delegated can, in turn, sub-delegate the powers, so delegated to him, even if the Board of Directors had authorized their delegatee to sub-delegate the powers delegated to him. To put it a little differently, the moot question is: whether delegatee of the Board of directors of a company can, in turn, sub-delegate any of his powers even if the Board of directors authorize him to do so?

(2.) The factual background of the case, which has raised the questions noted above, may, in brief, be set out as under:

(3.) While the Petitioner was serving in the grade of Supervisor at Guwahati, he was served with three memoranda of charges based on different articles of charges, the memoranda having been issued on 19.9.2006, 8.12.2006 and 21.3.2007.