Director Penalty Rule 26

[Adarsh Gupta]

Dear Sir's,

Whether a separate OIO needs to be served on the Director for Rule 26 Penalty apart from the company? Let's say a Director has left the organization, however penalty has been imposed on him vide a common OIO..How will a Director file an appeal against the said order which was served on to the company and he was not aware of the same.

Regards,

Adarsh Gupta

AI Summary

Director personal liability requires separate service of penalty orders and permits independent appeal despite company receipt.
Director personal liability under Rule 26 can be imposed for misconduct committed while in office; the department must dispatch a separate OIO and issue a separate show-cause notice to the director. The company is legally obliged to forward any director-directed OIO to the director and may face action for failing to do so. A director must file an independent appeal, which may be tagged with the company's appeal, and should contest time-bar objections using evidence of the company-director relationship before advancing merits.