MAHARASHTRA EXCISE DEPARTMENT — OFFICIAL DOCUMENT ANALYSIS

Document Type: Government Resolution (Shasan Aadesh) — Promotion & Posting Order

Reference Number: EST-2723/Pr.Kr.07/RAUSU-1

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

Effective Date: 7 March 2024

Document Portal ID: 1213

Web Reference Code: 202403071738291129

SUMMARY

This is a Government Resolution from the Maharashtra Home Department dated 7 March 2024 ordering the promotion and posting of one Assistant Commissioner (Group B) from the State Excise Department to the rank of Commissioner (Group A), effective in the financial year 2023-24. The promoted officer is Mr. Surjkumar Ramod, previously posted in Nagpur Revenue Division, who is now promoted to Commissioner rank and posted as Superintendent (Commissioner), State Excise, Nagpur. The promotion is granted subject to multiple conditions including pending court proceedings and temporary status confirmation.

KEY PROVISIONS

Promotion Details:

• Officer Promoted: Shri Surjkumar Ramod
• Previous Rank & Scale: Assistant Commissioner (Group B) — Scale S-15: ₹41,800–₹1,32,300 per annum
• New Rank & Scale: Commissioner (Group A) — Scale S-20: ₹56,100–₹1,77,500 per annum
• Financial Year: 2023-24
• Posting Authority: Revenue Department posting norms followed per Revenue Department Allocation Rules, 2021
• New Posting: Superintendent, State Excise Department, Nagpur

Conditions of Promotion (7 Conditions Specified):

1. Seniority Clause: This promotion is granted subject to the condition that no senior officer was inadvertently omitted or superseded during the preparation of the promotion list.

2. Temporary Status & Court Proceedings:

   • Promotion is granted in TEMPORARY capacity only
   • Subject to Special Leave Petition No. 28306/2017 pending in the Hon'ble Supreme Court of India
   • All vacant positions in the promotion quota shall be filled only on a TEMPORARY basis
   • Seniority to be determined as per service record dated 25.05.2004
   • Further subject to Government Resolution No. SAP.Vee./16-B dated 7 May 2021
   • Subject to final judgment in the petition filed in Hon'ble High Court, Mumbai against the 7 May 2021 Government Resolution

3. Disabled/PWD Employees:

   • Promotion regarding positions in Group A and Group B for employees with disabilities is subject to orders dated 8 July 2021 and 22 July 2021 issued in Writ Petition No. 6819/2021 in Hon'ble High Court, Mumbai

4. Administrative Tribunal Proceedings:

   • Promotion is subject to final judgment in Original Application No. 799/2021 pending before Maharashtra Administrative Tribunal, Mumbai

5. Temporary Status — No Permanent Rights:

   • Since the promotion is granted in TEMPORARY status only, the promoted officer shall NOT acquire any permanent/regular rights from this temporary promotion
   • No claim for permanent adjustment shall arise from this temporary posting

6. No Departmental Inquiry:

   • No departmental inquiry proceedings are pending or proposed against the officer

7. Eligibility Criteria Compliance:

   • All officers in the promotion list have satisfied the eligibility criteria for promotion as prescribed in the General Administration Department Government Resolution dated 1 August 2019
   • Approval is granted subject to compliance with this condition

Additional Conditions:

• Anti-Coercion Clause: Any attempt by any officer to directly or indirectly influence or pressure this order constitutes a violation of Rule 23 of the Maharashtra Civil Service (Conduct) Rules, 1979 and shall be treated as misconduct. Disciplinary action shall be initiated against such officer.

• Additional Charge Clause: Any additional duties assigned to the Commissioner rank position at Nagpur shall automatically cease upon the promoted officer assuming regular office.

POSTING & POSTING DETAILS TABLE

AFFECTED LICENSE CATEGORIES & EXCISE DIVISIONS

Excise Administration Affected:

• State Excise Department, Nagpur Division
• All subordinate excise establishments under Nagpur Division reporting to the Superintendent

Note: This order does not directly affect specific license types (FL-I, FL-II, FL-III, FL-IV, CL-I, CL-II, CL-III, Toddy, Neera) but reorganizes administrative oversight of the Nagpur region's excise operations.

DISTRIBUTION OF THIS ORDER

Copies furnished to:

1. Commissioner, State Excise, Maharashtra State, Mumbai
2. Accountant General-1/2 (Audit/Accounts), Maharashtra State, Mumbai/Nagpur
3. All Divisional Deputy Commissioners, State Excise Department
4. Grant & Accounts Officer, Mumbai
5. Concerned District Treasury Officer
6. Concerned Superintendent, State Excise Department
7. Administrative Officer, RAUSU-2 and RAUSU-3, Home Department, Ministry, Mumbai
8. Office Records

IMPORTANT NOTES / CONDITIONS / PENALTIES

Critical Conditions:

1. TEMPORARY STATUS ONLY — The promotion does NOT confer permanent appointment. The officer does not acquire permanent/regular rights and can be reverted to previous rank at any time.

2. MULTIPLE COURT PROCEEDINGS PENDING — The promotion is conditional upon:

   • Supreme Court decision in Special Leave Petition No. 28306/2017
   • High Court, Mumbai decision on petitions filed against the 7 May 2021 Government Resolution
   • Maharashtra Administrative Tribunal decision in Original Application No. 799/2021
   • High Court orders on disability/PWD promotion issues (Orders dated 8.07.2021 and 22.07.2021)

3. SENIORITY DETERMINATION — Service seniority is fixed as 25 May 2004. This may be modified depending on final court judgments.

4. NO PERMANENT REGULARIZATION — Even after serving in the promoted temporary position, the officer cannot claim permanent absorption into the promoted rank without explicit further Government Resolution.

5. DISCIPLINARY CONSEQUENCES — Any attempt to coerce, influence, or pressure the government to modify this order shall constitute:

   • Violation of Maharashtra Civil Service (Conduct) Rules, 1979, Rule 23
   • Misconduct
   • Subject to disciplinary action including suspension, demotion, or dismissal

6. TENURE OF ADDITIONAL CHARGE — Any additional responsibilities assigned to the new posting shall automatically terminate upon the officer's assumption of regular office duties.

7. NO DEPARTMENTAL PROCEEDINGS — The officer has no pending or proposed departmental inquiries, confirming his eligibility for promotion.

AUTHORITY & VALIDITY

Issuing Authority: Deputy Secretary, Government of Maharashtra (Home Department)

Authorized by: Orders of the Governor of Maharashtra

Signatory: Ravindra Aute, Deputy Secretary, Maharashtra Government

Publication: Order is published on the official Maharashtra Government website (www.maharashtra.gov.in) and digitally signed.

Web Reference Code: 202403071738291129

PROCEDURAL COMPLIANCE

This order has been issued in compliance with:

• Revenue Department Allocation Rules, 2021
• Maharashtra Civil Service (Conduct) Rules, 1979
• Government Resolution, General Administration Department, dated 1 August 2019 (promotion eligibility criteria)
• All applicable court orders and pending litigation safeguards

End of Analysis