MAHARASHTRA EXCISE DOCUMENT ANALYSIS

Document Type: Government Resolution (शासन आदेश) / Administrative Order

Reference Number: EST-1223/PR.CR. 333(PART-1)/NAUSHU-1

Issued By: Government of Maharashtra, Home Department (गृह विभाग)

Date of Issue: 31 January 2024

Effective Date: Immediate (तात्काळ अंमलात येतील)

Portal ID: 1198

Summary:

This is a Government Resolution regarding special transfer and posting of officers of the Deputy Excise Commissioner (Senior Grade), Group-A, State Excise Department, issued in connection with the Lok Sabha General Elections 2024. The resolution mandates the transfer of five senior state excise officers to different postings based on guidelines issued by the Election Commission of India (dated 21.12.2023). The transfers are to be implemented immediately, and all officers must hand over their current positions without delay and assume their new postings. Non-compliance or any attempt to delay or obstruct the transfers will invite disciplinary action under the Maharashtra Civil Service (Conduct) Rules 1979 (Rule 23) and the Representation of the People Act 1950.

Key Provisions:

Transfer Orders:

1. Sri. Pradip Hari Pavan — Currently: Divisional Deputy Excise Commissioner, Chhatrapati Sambhajinagar → New Posting: Divisional Deputy Excise Commissioner, Thane (in place of Sri. Suresh's transfer)

2. Smt. Usha Rajendra Varma — Currently: Divisional Deputy Excise Commissioner, Nanded → New Posting: Divisional Deputy Excise Commissioner, Nashik (in place of Sri. Tadvi's transfer)

3. Sri. Babu Hameed Tadvi — Currently: Divisional Deputy Excise Commissioner, Nashik → New Posting: Divisional Deputy Excise Commissioner, Nanded (in place of Smt. Varma's transfer)

4. Smt. Sangita Denekar — Currently: Deputy Excise Commissioner (Administration, General Services & Welfare), Headquarters, State Excise, Mumbai → New Posting: Divisional Deputy Excise Commissioner, Chhatrapati Sambhajinagar (in place of Sri. Pavan's transfer)

5. Sri. Prasad Suresh — Currently: Divisional Deputy Excise Commissioner, Thane Division → New Posting: Director (Enforcement & Efficiency) [Vacant Position]

Mandatory Compliance Requirements:

• All officers shall immediately hand over their current positions to successor officers (सदिील पदभाि अन्य अत्रधकाऱयाकडे सुपुदव करणे)
• Officers must assume their new postings at the transferred locations immediately (तात्काळ हजी होणे)
• Compliance report must be submitted to Government by 31.01.2024 (31 January 2024)
• The Commissioner of State Excise shall ensure the immediate posting of transferred officers and submit compliance report urgently to Government

Conditions on Leave:

• No leave shall be granted to transferred officers except with prior written approval of the Government (शासिाच्या पूर्वपत्र मान्यतेशिवाय)
• Original offices shall not accept leave applications from transferred officers per Maharashtra Civil Service (Leave) Rules 1981, Rule-30(C)
• Any leave applications received shall be returned to the respective officers through registered post

Restrictions and Prohibitions:

• No officer shall delay or obstruct the implementation of this order (दबाव आणून बदली नकरण्याचा प्रयत्न)
• Any action in violation of transfer orders constitutes violation of Maharashtra Civil Service (Conduct) Rules 1979, Rule 23 (गैरवर्तणूक)

Penalties for Non-Compliance:

Disciplinary Action:

• Violation of transfer orders will be treated as misconduct (गैरवर्तणूक समजून)
• Disciplinary proceedings shall be initiated under Maharashtra Civil Service (Conduct) Rules 1979, Rule 23
• Additional disciplinary action shall be taken under the Representation of the People Act 1950 provisions (लोकप्रतिनिधित्व अधिनियम, १९५० मधील तितुदीनुसार शिस्तभंग विषयक कारवाई)

Authority and References:

Legal Framework Cited:

1. Regulation of Transfers of Maharashtra Government Employees and Prohibition of Delay in Discharging Government Duties Act, 2005 — Rules 4(4) and 4(5)
2. Home Department Government Decision No. EST-1216/PR.CR.78/NAUSHU-1, dated 14.06.2016
3. Home Department Government Decision No. EST-1216/PR.CR.135/NAUSHU-1, dated 16.09.2016
4. Election Commission of India Letter No. 437/6/1/INST/ECI/FUNCT/MCC/2023/, dated 21.12.2023 — Guidelines for transfers/postings during Lok Sabha Elections 2024

Applicable Rules:

• Maharashtra Civil Service (Conduct) Rules 1979 (Rule 23)
• Maharashtra Civil Service (Leave) Rules 1981 (Rule-30(C))
• Representation of the People Act 1950

Who Is Affected:

• Divisional Deputy Excise Commissioners (Senior Grade, Group-A) in the State Excise Department — All five officers named above
• Affected Divisions: Chhatrapati Sambhajinagar, Thane, Nanded, Nashik, and Headquarters (Mumbai)
• Excise Divisions Affected:
  • Chhatrapati Sambhajinagar Division
  • Thane Division
  • Nanded Division
  • Nashik Division
  • State Excise Headquarters, Mumbai

Distribution and Notice:

This order has been issued to:

1. Additional Chief Secretary & Chief Election Commissioner, Maharashtra
2. Principal Secretary to Chief Minister
3. Secretary to Deputy Chief Minister
4. Private Secretary to Minister of State Excise
5. Senior Assistant to Leader of Opposition (Legislative Council/Assembly)
6. Senior Local Assistant to Additional Chief Secretary, State Excise Department
7. Accountant General-1/2 (Audit/Appropriation), Maharashtra State
8. Commissioner, State Excise, Maharashtra
9. All Divisional Deputy Excise Commissioners, State Excise
10. All District Treasury Officers (relevant)
11. All relevant Deputy Excise Commissioners
12. All relevant Superintendents, State Excise Department
13. Records (NAUSHU-1)

Important Notes:

1. Reason for Transfer: These transfers are specifically mandated by the Election Commission of India in connection with the Lok Sabha General Elections 2024, to ensure impartial election conduct and prevent any administrative bias during the election period.

2. Digital Authentication: This Government Resolution has been digitally signed and is available on the Maharashtra Government website: www.maharashtra.gov.in

   • Computer Portal ID: 202401311409550029

3. Authority Certifying: This order is issued under the direction and authority of the Governor of Maharashtra

4. Signatory: Navraja Aute, Deputy Secretary, Government of Maharashtra

5. Approval: These transfers have been approved by the Chief Election Commissioner, Maharashtra, on the basis of Election Commission of India guidelines (dated 21.12.2023).

6. Strict Compliance Required: The language and tone of the order emphasize urgent and immediate compliance without any exceptions or delays.

Critical Deadline:

• Compliance Report Due: 31 January 2024
• All transferred officers must report to their new postings immediately
• Handover of current positions must be completed immediately

NOT AN EXCISE LICENSE OR FEES DOCUMENT

This document does NOT contain:

• License fees
• License types (FL-I, FL-II, FL-III, FL-IV, CL-I, CL-II, etc.)
• Excise rules or regulations related to alcohol permits
• Application forms or enclosures for licenses
• Any changes to liquor license fees or procedures

This is purely an administrative personnel transfer order related to election duties and has no direct impact on excise licensing, fees, or liquor regulations.