Hon Secretary of a Hsg. Soc.not staying in Society and resigned but not handedover Charge as yet. Now he is refusing to sign Balance Sheet and other related Documents. What Action can be initiated against him. Now he is refusing
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20 September 2021
1. AFTER Resignation date, Secretary is not liable to sign any document which includes Balance Sheet or whatever. The newly appointed Secretary shall sign henceforth, even if the Balance Sheet is not of his period.
2. For grievances, an complaint application may be filed with the local Coop. Registrar of your ward.
Keep Smiling .... Hemant Agarwal
Well analysed, opined and advised by expert Mr. Hemant Agarwal, I endorse.
Secretary is stated to have resigned therefore, shall not be responsible for any act / action / decision of the Managing Committee.
However, joint secretary shall automatically function as secretary of the society.
Refer the matter to the Registrar of co-op housing societies and contact a local advocate for exploring possibilities of both civil and criminal action. First, issue him a legal notice stating efforts made by others right from the date of resignation and ask him to hand over the charge to the President or some other Adhoc Secretary who has been chosen by office-bearers. Get the entire accounts audited thoroughly by a competent auditor.
Unless the secretary has handed over all the documents and other effects of the society that are in his custody to the Chairman his resignation is not valid he can not be absolved of his responsibility just by submitting his resignation. Shri Hemant Agarwal has very ably advised the course of action.