Logic Ltd. wants to remove Radhika, Company Secretary of the Company. Explain the procedure.

A Company Secretary can be removed or dismissed like any other employees of the organization. Since he/she is appointed by Board, the Board of Directors of a company has absolute discretion to remove a Company Secretary or to terminate his/her services at any time for any reason or without any reason. However, principles of natural justice like show cause notice, hearing, reasoned order etc. must be followed. A Company Secretary can be removed in accordance with the terms of appointment and the Board can record the same. The procedure for removal of Company Secretary is: Convene a Board Meeting after giving notice to all the Directors of the company as per section 173 of the Companies Act, 2013, place the matter of removal of the Company Secretary and pass a resolution to the effect. The resolution shall state the effective date of termination of the Company Secretary. The Company shall thereafter serve a notice of termination to the Company Secretary. The period of notice shall be governed by the employment letter or in its absence the termination policy of the Company. The Company Secretary shall cease to be in office from the date of expiry of notice. Company is required to file e-Form DIR-12 within 30 days of cessation with the Registrar of Companies together with requisite filing fees along with evidence of Cessation. - Inform the stock exchange, if the company is listed. Make entries in the Register maintained for recording the particulars of Company Secretaries under section 170 of the Companies Act, 2013. Issue a general public notice, if it is so warranted, according to size and nature of the company. Thus, Logic Ltd. has to follow above procedures to remove Radhika, Company Secretary of the company.