MAHARASHTRA EXCISE OFFICIAL DOCUMENT ANALYSIS

Document Type: Government Resolution (Shasan Adessh) — Administrative Order on Promotion/Posting

Reference Number: GR No. EST-2723/Pr.Cr.295/RAUSHU-1, dated 3 October 2024

Issued By: Government of Maharashtra, Home Department (Griha Vibhag)

Effective Date: From date of publication (3 October 2024)

Summary: This Government Resolution approves the temporary promotion of one officer (Sri. Prasad Pratap Suave) to the post of Deputy Commissioner (Enforcement and Efficiency), State Excise from the Promotion List 2023-24 recommended by Establishment Board No. 2. The promotion is granted in the open category (Group A, Scale S-25: ₹78,800–₹2,09,200) and is conditional upon pending Supreme Court and High Court judgments. This is an administrative order for placement of a promoted officer in the Maharashtra State Excise Department.

KEY PROVISIONS:

1. Officer Promoted:

   • Name: Sri. Prasad Pratap Suave (श्री. प्रसाद प्रताप सुवे)
   • Category of Promotion: Open (खुला)
   • Post Promoted To: Deputy Commissioner (Enforcement and Efficiency), State Excise (सह अयुक्त (अंमलबजावणी व दक्षता), राज्य उत्पादन शुल्क)

2. Pay Scale:

   • Group A, Scale S-25: ₹78,800 – ₹2,09,200 (per annum)

3. Nature of Promotion:

   • Temporary (तात्पुरत्या स्वरुपात) — provisionally granted pending court orders

4. Source Document:

   • Promotion List 2023-24 (ननवडसूची 2023-24) recommended by Establishment Board No. 2 (अस्थापना मंडळ क्र.2)

5. Promotion Authority:

   • Commissioner, State Excise, Maharashtra State, shall take necessary administrative action as per this order

CONDITIONS OF PROMOTION:

Condition 1 — Supreme Court Judgment:

The promotion is granted subject to and subordinate to the judgment and order of the Hon. Supreme Court of India in Special Leave Petition (SLP) Writ Petition No. 28306/2017. The promotion remains temporary until final Supreme Court orders are received.

Condition 2 — High Court Judgment:

The promotion is granted subject to and subordinate to the judgment and order of the Hon. High Court of Mumbai in:

• Writ Petition (Stamp) No. 10876/2021
• Writ Petition (Stamp) No. 10878/2021

The promotion is contingent on and remains conditional upon these High Court judgments.

ADMINISTRATIVE ACTIONS REQUIRED:

1. Commissioner, State Excise, Maharashtra State shall:

   • Issue necessary placement order
   • Update service records of Sri. Prasad Pratap Suave
   • Effect posting to the designated post
   • Ensure compliance with all court-imposed conditions

2. Civil Service Board Recommendation: This order is issued pursuant to the recommendation of the Civil Service Board (नागरी सेवा मंडळ)

3. Competent Authority Approval: The order is issued with the approval of the competent authority (सक्षम प्रानधकारी)

DISTRIBUTION / CIRCULATION:

Direct Distribution (प्रनत):

1. Private Secretary to the Minister of State Excise, Ministry, Mumbai
2. Senior Personal Assistant to Additional Chief Secretary (RAUSHU), Home Department, Ministry, Mumbai
3. Commissioner, State Excise, Maharashtra State, Mumbai
4. The concerned officer (through Commissioner, State Excise)

Information Distribution (प्रत):

1. Principal Accountant General (Accounts & Entitlements/Audit)-1, Maharashtra, Mumbai
2. Grant & Accounts Officer, Mumbai
3. Resident Audit Officer, Mumbai
4. Promotion List, RAUSHU-1 (record keeping)

OFFICIAL PUBLICATION:

• Website: Made available on www.maharashtra.gov.in
• Digital Reference Code: 202410031543183229
• Authentication: Digitally signed (डिजिटल स्वाक्षरीने साक्षांनकत)
• Issuing Authority: Deputy Secretary, Maharashtra Government (उप सनचव, महाराष्ट्र शासन)
• Name of Official: Ravindr Aute (रववद्र औटे)
• Authority: By order and in the name of the Governor of Maharashtra

WHO IS AFFECTED:

• Officer: Sri. Prasad Pratap Suave — individual promotion/posting
• Department: State Excise Department, Maharashtra
• Level: Group A officer — Deputy Commissioner rank
• Administrative Unit: Commissioner, State Excise, Maharashtra State

IMPORTANT NOTES / CONDITIONS / PENALTIES:

Critical Conditions:

1. Temporary Status: The promotion is EXPLICITLY TEMPORARY (तात्पुरत्या स्वरुपात) — not a final or permanent appointment

2. Court Dependency: The promotion is entirely SUBJECT TO and SUBORDINATE TO two sets of pending court orders:

   • Supreme Court judgment in SLP/Writ Petition No. 28306/2017
   • High Court of Mumbai judgments in Writ Petitions (Stamp) Nos. 10876/2021 and 10878/2021

3. Implicit Effect:

   • If Supreme Court or High Court orders any modification, cancellation, or reversal, this promotion may be recalled
   • The officer holds the post "on condition" of compliance with court judgments
   • This is a conditional appointment, not absolute

4. No Appeal/Revision Mentioned: This order does not indicate an appeals mechanism — disputes would be governed by the pending court proceedings

5. Compliance Requirement: The Commissioner of State Excise must ensure the officer's position aligns with all future court orders

SECTIONAL REFERENCES:

• Government Resolution Number: EST-2723/Pr.Cr.295/RAUSHU-1
• Previous Related GR: EST-2721/Pr.Cr.167/RAUSHU-1, dated 13.03.2024
• Commissioner's References: EST/112024/19/2-A-1 (dated 12.04.2024, 03.07.2024, 20.08.2024)
• General Administration Department Reference: ESB-1124/Pr.Cr.108/Asthaman(Ka.-13), dated 03.09.2024

DOCUMENT STATUS:

✓ Digitally authenticated and signed ✓ Published on official Maharashtra Government website ✓ Official Government Resolution (शासन अदेश) ✓ Issued by competent authority (Home Department) ✓ No amendments or supersessions mentioned in this document

Note: This is a personnel/administrative order, not an Excise licensing or fee regulation document. It does not affect the Bombay Prohibition Act 1949, Bombay Foreign Liquor Rules 1953, Maharashtra Country Liquor Rules 1973, or liquor license categories (FL-I, FL-II, FL-III, FL-IV, CL-I, CL-II, CL-III, Toddy, Neera, etc.). It relates solely to the administrative reorganization within the Maharashtra State Excise Department at the officer level.