MAHARASHTRA EXCISE DEPARTMENT — GOVERNMENT ORDER ANALYSIS

Document Type: Government Resolution (GR) — Personnel / Administrative Order (Promotion)

Reference Number: EST-1723/Pr.Kr.142/RAUSHÙ-1

Issued By: Government of Maharashtra, Home Department (गृह विभाग), Ministry, Mumbai-400 032

Date of Order: 25 January 2024

Effective Date: Immediate (तात्काळ अंमलात येतील)

SUMMARY

This is a Government Order for promotion of excise department personnel. One officer, Shri Sagar Dhomkar Imam, has been promoted from the post of Superintendent (Group-A) in the State Excise Department to the post of Deputy Commissioner (Senior Grade) (Group-A) under the 2023-24 promotion list. Following promotion, he is being posted as Divisional Deputy Commissioner, State Excise, Pune Division in a vacant position. The promotion is conditional and temporary and subject to multiple legal and administrative conditions including pending High Court challenges.

KEY PROVISIONS

1. PROMOTION DETAILS

2. CONDITIONS OF PROMOTION

The promotion is conditionally granted and is subject to the following terms:

Condition 1: No Senior Officer Overlooked

• The promotion is conditional upon no senior officer having been inadvertently omitted or superseded while preparing the promotion list.

Condition 2: Temporary Status & Legal Challenges

• The promotion is temporary in nature (निव्विळ तात्पुरत्या स्वरूपात).
• The promotion is granted subject to:
  • Special Leave Petition No. 28306/2017 pending in the Hon'ble Supreme Court of India
  • All vacant positions in the promotion category as on 25.05.2004 are filled as per seniority as on date 25.05.2004
  • Government Resolution (SAP/Circular-16-B) dated 07.05.2021 — notices issued thereunder must be complied with
  • Final judgment pending in Hon'ble High Court, Mumbai — the promotion is subject to the final outcome of the challenge filed against the G.R. dated 07.05.2021

Condition 3: Rights of Persons with Disabilities

• The promotion is subject to instructions issued under Government Resolution SAP/Circular-16-A, dated 20.04.2023 regarding promotion of employees with disabilities (दिव्यांग कर्मचारियों) to Group-A and Group-B posts.

Condition 4: No Rights of Permanency

• Since the promotion is temporary in nature, the promoted officer shall NOT acquire any rights to permanency due to this promotion.

Condition 5: No Departmental Inquiry Pending

• No departmental inquiry (विभागीय चौकशी) is pending or proposed against the officer in the promotion list.

Condition 6: Fulfillment of Promotion Criteria

• All officers in the promotion list have fulfilled the promotion criteria laid down in the Government Resolution issued by the General Administration Department on 01 August 2019.
• The approval is conditional upon fulfillment of these criteria.

3. PROHIBITION ON PRESSURE / UNDUE INFLUENCE

Clause 4 — Anti-Coercion Provision:

If any officer (directly or indirectly) attempts to exert pressure to modify this order, such action shall constitute a violation of Rule 23 of the Maharashtra Civil Service (Conduct) Rules, 1979 and shall be treated as misconduct (गैरवर्तणूक).

Consequence: Disciplinary action shall be initiated against the officer concerned.

4. DIGITAL AUTHENTICATION & NOTIFICATION

• This order has been made available on the Maharashtra Government website (महाराष्र शासनाच्या संकेत स्थळावर).
• Reference Code: 202401251330397929
• The order is executed and authenticated through digital signature.

5. ORDERS TO COMPLY & DISTRIBUTION

This order is being issued in the name and on behalf of the Governor of Maharashtra and is being circulated to:

1. Commissioner, State Excise Department, Maharashtra State, Mumbai
2. Accountant General-1/2 (Audit/Accounts Authorization), Maharashtra State, Mumbai and Nagpur
3. Concerned Divisional Deputy Commissioner, State Excise Department
4. Principal Audit Officer, Mumbai
5. Concerned District Treasury Officer
6. Administrative Officer, RAUSHÙ-2 and RAUSHÙ-3, Home Department, Ministry, Mumbai
7. File copy

WHO IS AFFECTED

• Officer Promoted: Shri Sagar Dhomkar Imam (1 person)
• Affected Authority: State Excise Department (राज्य उत्पादन शुल्क विभाग), Maharashtra
• Posting Authority: Divisional Deputy Commissioner, State Excise, Pune Division
• Administrative Hierarchy: All supervisory and administrative officers under the State Excise Commissioner

IMPORTANT NOTES & CONDITIONS

Legal Status of This Promotion

1. TEMPORARY STATUS: This promotion does NOT confer permanent status on the officer. It is explicitly declared to be temporary (निव्विळ तात्पुरत्या स्वरूपात).

2. PENDING LITIGATION:

   • Supreme Court Special Leave Petition No. 28306/2017 — status unknown; final judgment pending
   • High Court, Mumbai Challenge against G.R. dated 07.05.2021 — final judgment pending

   Effect: The promotion may be subject to reversal or modification based on court orders.

3. NO PERMANENCY RIGHTS: The officer acquires NO rights to permanent status, salary continuity, or job security as a result of this promotion. If the promotion is cancelled by court order, the officer reverts to the previous post without any claim to compensation.

4. PROTECTION AGAINST PRESSURE:

   • Any officer attempting to influence or pressure the competent authority to alter this order commits misconduct under Maharashtra Civil Service (Conduct) Rules, 1979, Rule 23.
   • Disciplinary action will be initiated against such officers.

5. COMPLIANCE WITH PROMOTION CRITERIA:

   • All officers in the promotion list comply with criteria laid down by the General Administration Department (01 August 2019).

CRITICAL OBSERVATIONS FOR EXCISE LAW PRACTITIONERS

1. This is NOT an Excise Law Document — it concerns excise department personnel administration, not licensing, taxation, or prohibition matters under the Bombay Prohibition Act 1949 or Maharashtra Country Liquor Rules 1973.

2. Relevance to Excise Law: The Commissioner of State Excise (आयुक्त, राज्य उत्पादन शुल्क) and Divisional Deputy Commissioners are key licensing and enforcement authorities. Changes in their postings may affect:

   • License application approvals
   • Inspections and enforcement actions
   • Appeals against excise decisions
   • Policy implementation

3. Signature Authority: Post-promotion, Shri Sagar Dhomkar Imam will exercise authority as Divisional Deputy Commissioner, Pune Division — a position with significant licensing and appellate powers under the Prohibition Act and Liquor Rules.

Document extracted and analyzed as per Maharashtra Excise Department documentation standards.