Vacation of Office by a Director

As per section 286 notice of BM must be in writing.

An oral notice of BM in words of mouth or on phone is not adequate compliance of section 286.

notice of BM sent by telegram or telex or facsimile (Fax) is in accordance with section 286.(Ferrucco Sias Vs. Jai Mangeeram  Mukhi)

In view of the above case notice to director by mail should be treated as a valid notice.

Where the director challenge the validity of notice of BM then burden of proof is on the director who allege non service of notice. The court is entitled to assume that everything was done regularly.

However if you want to save this director you may do so by recording the leave of absense in the BM minutes.

For the time being section 283(1)(g) is not applicable to your director and his office is not automatically vacated. Read clause (g) carefully and give stress on the words "whichever is longer".

Thanks for your clarification. As per Sec-283 (1) (g), in the above case, if director is absent (without taking leave of absence) from all meetings of Board of Directors for a continuous period of 3 months,  his office as a director will automatically get vacated.

In fact this director is working to the detrimental of company's interest, hence we want this director to vacate the office. Please guide me. 

You may remove that particular director u/s 284 by passing ordinary resolution of shareholder.