Original Petition No. 1357/2024 — Shri. Atul Pail, Inspector v. State of Maharashtra

• MAT Order: 30.01.2025 and 18.03.2025

• Original Petition No. 1346/2024 — Shri. Atul Pail, Inspector v. State of Maharashtra

  • MAT Order: 30.01.2025 and 18.03.2025

  Outcome: The MAT orders necessitated the partial amendment of the original 17.08.2024 GR, which is hereby effected through this resolution.

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  OFFICER RESPONSIBLE FOR IMPLEMENTATION

  Commissioner of State Excise (आयुक्तत, राज्य उत्पादि शुल्क), Maharashtra State

  • Address: Mumbai
  • Required Action: Take further necessary action (पुढील उनर्त कायचवाही) in compliance with this GR

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  DISTRIBUTION (प्रनत — Copies Sent To)

  1. Private Secretary to the Deputy Chief Minister, State Excise Department, Ministry, Mumbai
  2. Additional Chief Secretary (RAUSHU), Home Department, Ministry, Mumbai
  3. Commissioner, State Excise Department, Maharashtra State, Mumbai
  4. Principal Accountant General (Accounts & Entitlements/Audit)-1/2, Maharashtra, Mumbai/Nagpur
  5. Divisional Deputy Commissioner, State Excise Department, Pune/Chhatrapati Sambhajanagar
  6. Superintendent, State Excise Department, Pune/Narayandev
  7. Concerned Officer (through Commissioner, State Excise Department)
  8. Grants & Accounts Officer, Mumbai
  9. Resident Audit Officer, Mumbai
  10. District Treasury Officer, Pune/Narayandev
  11. File

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  RELATED ORDERS / PRIOR NOTIFICATIONS

  Primary Reference Order:

  • GR EST-1224/Pr.Kr.220(Dept-3)/RAUSHU-1, dated 17.08.2024
    • This is the original posting order that is now partially amended by the present resolution

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    LEGAL BACKING

    Administrative Tribunal Authority:

    • Maharashtra Administrative Tribunal (MAT), Mumbai — Jurisdiction under Article 226 of the Constitution of India read with the Maharashtra Administrative Tribunal Act
    • Orders passed: 30.01.2025 and 18.03.2025
    • These orders compelled the Government to modify the 17.08.2024 posting order

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    AUTHENTICATION & PUBLICATION

    • Signatory: Ravindra Aute (रविद्र औटे), Deputy Secretary, Government of Maharashtra
    • Authority: By Order and in the name of the Governor of Maharashtra
    • Digital Authentication: Order is digitally signed
    • Portal Reference: Available on www.maharashtra.gov.in with Reference ID 202503261223559129
    • Date of Publication: 26 March 2025

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    IMPORTANT NOTES / CONDITIONS

    1. Tribunal Direction Compliance: This order is issued in direct compliance with Maharashtra Administrative Tribunal orders — non-compliance may constitute contempt of tribunal

    2. Partial Amendment Only: The order explicitly states that only a partial (अंशत:) amendment to the 17.08.2024 order is being made — other provisions of that order remain in force

    3. Competent Authority Approval Required: The posting/transfer is valid only because it carries the approval of the competent authority (सक्षम प्रानिकारी)

    4. No Fee or Eligibility Criteria: This is an internal government personnel order — no license fees, application forms, or eligibility criteria are applicable

    5. Administrative Consequence: Failure to implement may expose the State to further tribunal/court proceedings

    6. Severability: Only the personnel posting provisions are amended — all other administrative provisions remain unchanged

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       WHO IS AFFECTED

       Directly Affected:

       • Shri. Balasaheb Bhikaji Hulge, Inspector, State Excise Department, Maharashtra

       Indirectly Affected:

       • Commissioner of State Excise (implementation authority)
       • All officers and departments listed in the distribution list
       • Maharashtra State Excise Department administration

       Not Directly Affected:

       • License holders (FL-I, FL-II, FL-III, FL-IV, CL-I, CL-II, CL-III, Toddy, Neera licensees, etc.) — this is a personnel order with no bearing on excise licensing

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       PROCEDURAL NOTES

       1. No Further Application Required: This order is self-executing upon receipt by the Commissioner of State Excise

       2. Implementation Timeline: No specific deadline mentioned — "further necessary action" (उनर्त कायचवाही) is to be taken at the Commissioner's discretion and as per established administrative procedures

       3. Appeal/Review: Any grievance must be raised before the Maharashtra Administrative Tribunal if new facts emerge; this GR closes the chapter on the original 17.08.2024 order to the extent of this amendment

       4. Confidentiality: This order pertains to personnel posting — standard confidentiality of government personnel matters applies

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          CONCLUSION

          This Government Resolution is an administrative order amending a prior personnel posting order in response to Maharashtra Administrative Tribunal rulings. It has no direct impact on excise licensing, fees, or rules governing liquor retail or manufacturing. It is a purely administrative personnel matter affecting one inspector's posting within the State Excise Department.