MAHARASHTRA EXCISE DOCUMENT ANALYSIS

Document Type: Government Order (Administrative Transfer/Posting Order)

Reference Number: GR No. EST-1223/Pr.Kr. 333(Part-3)/RAUSU-1

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

Date of Issue: 31 January 2024

Effective Date: Immediate (वात्काळ अंमलात येणे — with immediate effect)

Summary: This is an administrative transfer order issued in connection with the Lok Sabha General Elections 2024. The order transfers and posts 11 officers holding the rank of Sub-Inspector (Group-B), State Excise to new positions/stations across Maharashtra. The transfers are mandated by guidelines issued by the Election Commission of India (ECI) dated 21 December 2023. Officers must immediately hand over charge and report to their new postings without delay. The order is issued under the delegated authority of the Chief Electoral Officer, Maharashtra State.

KEY PROVISIONS:

1. Authority for Order:

   • Governed by Maharashtra Government Employees' Transfer Regulation and Prevention of Delays in Official Duties Act, 2005 (Rules 4(4) and 4(5))
   • ECI Guidelines referenced: Letter No. 437/6/1/INST/ECI/FUNCT/MCC/2023 dated 21.12.2023
   • Authorized by Chief Electoral Officer, Maharashtra State

2. Rank/Position Affected:

   • Sub-Inspector (Group-B), State Excise Department only

3. Number of Officers Transferred: 11 officers

4. Transfer Details (Serial order as per document):

5. Immediate Action Required:

   • All officers shall immediately hand over charge of their current position to successor/successor officer
   • Officers shall assume duty at their new posting as per the transfer order
   • All officers must report to their new stations immediately

6. Compliance Reporting:

   • Commissioner, State Excise shall ensure officers report to their new postings immediately
   • Compliance report regarding transfer implementation must be submitted to the Government by 31.01.2024
   • Commissioner must give assurance that posted officers will assume duty at new station immediately

7. Prohibition on Obstruction:

   • No officer shall obstruct or resist this transfer order
   • No pressure or attempt to reverse/delay the transfer shall be permitted
   • Any such obstruction constitutes a violation of Rule 23, Maharashtra Civil Service (Conduct) Rules, 1979 and shall be treated as misconduct
   • Disciplinary action shall be initiated against any officer/person obstructing the transfer under Maharashtra Civil Service (Conduct) Rules, 1979 and Representation of the People Act, 1950

8. Leave Restrictions:

   • No leave shall be granted to any transferred officer without prior government approval
   • No leave application from transferred officers shall be entertained by their original office
   • Any leave applications received shall be returned to officers with note to apply through original office

9. Approval Authority:

   • This transfer order is approved by and issued on behalf of the Chief Electoral Officer, Maharashtra State
   • Order issued with Governor's sanction

10. Digital Authentication:

    • Government order available on official website: www.maharashtra.gov.in
    • Digital Reference Number: 202401311419197029
    • Order issued with digital signature

11. Distribution of Order:

    • Order sent to: Additional Chief Secretary & Chief Electoral Officer; Chief Secretary's Office; Deputy Chief Minister's Office; Minister of State Excise's Office; Opposition Leader (Legislative Council/Assembly); Additional Chief Secretary; Commissioner, State Excise; Accountant General; all Divisional Deputy Commissioners; respective District Treasurers; concerned Sub-Inspectors; File/Record Section

WHO IS AFFECTED:

• Rank: Sub-Inspector (Group-B), State Excise Department exclusively
• Number: 11 officers
• Geographic Scope: Transfers across multiple districts and stations in Maharashtra, including:
  • Mumbai region (RAUSU Mumbai, Thane)
  • Raigad District (Bombay Breweries)
  • Pune District (Hadapsar, Shappery Sachchad)
  • Ratnagiri District
  • Nashik
  • Ahmednagar District
  • Kolhapur
  • Solapur
  • Palghar
  • Chhatrapati Sambhajinagar (Aurangabad)

IMPORTANT NOTES / CONDITIONS / PENALTIES:

1. Reason for Transfer: Transfers mandated under ECI guidelines for Lok Sabha General Elections 2024 (dated 21.12.2023) to ensure neutrality and prevent electoral malpractice by excise officials

2. Non-Compliance Consequences:

   • Failure to immediately report to new posting = violation of Maharashtra Civil Service (Conduct) Rules, 1979, Rule 23
   • Disciplinary action shall be initiated
   • Also violation of Representation of the People Act, 1950 provisions on conduct during elections

3. No Appeal / No Reversal:

   • Document warns against any attempt to obstruct, delay, or reverse the transfer order
   • Such attempts constitute misconduct
   • Penalties include disciplinary action as per service rules

4. Leave Bar:

   • Strict restriction on granting leave to transferred officers without prior written approval from Government
   • Original office cannot accept leave applications from transferred officers

5. Signed Under Authority:

   • Signed by Rashid Aute, Deputy Secretary, Government of Maharashtra
   • Issued on behalf of Governor of Maharashtra

6. Subordinate Rules Referenced:

   • Maharashtra Civil Service (Conduct) Rules, 1979 — Rule 23 (Misconduct definition)
   • Maharashtra Civil Service (Leave) Rules, 1981 — Rule 30(C) (Leave restrictions for transferred officers)
   • Representation of the People Act, 1950
   • Maharashtra Government Employees' Transfer Regulation and Prevention of Delays Act, 2005

STATUTORY REFERENCES CITED:

1. Maharashtra Government Employees' Transfer Regulation and Prevention of Delays in Official Duties Act, 2005 — Rules 4(4) and 4(5)
2. Home Department Government Decision No. EST-1216/Pr.Kr.78/RAUSU-1, dated 14.06.2016
3. Home Department Government Decision No. EST-1216/Pr.Kr.135/RAUSU-1, dated 16.09.2016
4. Election Commission of India Letter No. 437/6/1/INST/ECI/FUNCT/MCC/2023, dated 21.12.2023
5. Maharashtra Civil Service (Conduct) Rules, 1979 — Rule 23
6. Maharashtra Civil Service (Leave) Rules, 1981 — Rule 30(C)
7. Representation of the People Act, 1950

DOCUMENTS/ENCLOSURES REQUIRED:

None specified for applicants. This is an administrative order, not an application-based directive. Officers must hand over charge certificate to successor and receive charge assumption report.

RELATION TO EXCISE LICENSING:

None directly. This is a personnel transfer order for State Excise Department officials. It does NOT affect:

• Any excise license categories (FL-I, FL-II, FL-III, FL-IV, CL-I, CL-II, CL-III, Toddy, Neera, manufacturing permits)
• License fees or procedures
• Application/renewal processes
• Excise policy

Indirect Impact: The posting of Sub-Inspectors to new stations may affect the supervision and inspection jurisdiction of certain excise establishments, breweries, and retail outlets in the transferred officers' respective new areas. However, this is an operational/administrative consequence, not a policy change.

END OF ANALYSIS