MAHARASHTRA EXCISE DOCUMENT ANALYSIS

Document Type: Government Resolution (GR) / Administrative Order (शासन आदेश)

Reference Number: EST-2715/Pr.Kr.14/RAU-1, dated 1 September 2015

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

Effective Date:

• Promotion effective from 1 April 2015 (for one vacancy)
• Regularization effective from 31 July 2015 (for temporary promotion)

SUMMARY

This Government Resolution regularizes the temporary promotion of Smt. Sangita Darekar, Superintendent (Group-A), State Excise, to the post of Deputy Commissioner (Senior Grade) (Group-A), State Excise (उपआयुक्त (वरीष्ठ श्रेणी) (गट-अ), राज्य उत्पादन शुल्क). The temporary promotion, initially granted on 31 July 2015, is now being made permanent effective from that date. The order also addresses the regularization of a vacant post created by the retirement of Shri K.S. Pawar on 31 March 2015. This is an administrative/personnel order, not an excise licensing or fee-related notification.

KEY PROVISIONS

• Promotion Being Regularized: Smt. Sangita Darekar, Superintendent (Group-A), State Excise, promoted to Deputy Commissioner (Senior Grade) (Group-A), State Excise

• Effective Dates:

• Regularization of vacancy caused by Shri K.S. Pawar's retirement: 1 April 2015 onwards
• Regularization of Smt. Sangita Darekar's temporary promotion: 31 July 2015 onwards

• Original Promotion Authority: Government Order EST-2712/Pr.Kr.337(2)/RAU-1, dated 11 September 2014

• Historical Context: The post was initially filled on a temporary basis due to Shri T.R. Salunkhe's deputation (as referenced in Government Order EST-2712/Pr.Kr.88/ESC-4, dated 1 June 2012)

• Conditions of Regularization (Two conditions cited):

Condition 1: This promotion remains subject to the approval and sanction of the Maharashtra Public Service Commission (MPSC) (महाराष्र लोकसेवा आयोगाच्या मान्यतेच्या अधीन राहील)

Condition 2: This promotion remains subject to the final judgment in the pending writ petition No. 7253/2015 currently before the High Court of Mumbai in relation to the Reservation Act-2001 (आरक्षण अधिनियम-2001 संभात मा.उच्च न्यायालय येथे प्रलंबित असलेल्या यादचका क्र.7253/2015 च्या अंतिम निर्णयाच्या अधीन राहील)

DOCUMENTS/ENCLOSURES REQUIRED

None specified in this order. This is a personnel/administrative action order, not a licensing or application-based notification.

WHO IS AFFECTED

• Primary: Smt. Sangita Darekar, Superintendent (Group-A), State Excise Department, Maharashtra

• Secondary (Distribution/Implementation):

• Commissioner, State Excise, Maharashtra State, Mumbai
• All Divisional Deputy Commissioners, State Excise
• Accountant General-1/2 (Audit/Accounts and Permissibility), Maharashtra, Mumbai/Nagpur
• Financial and Accounts Officer, Mumbai
• District Treasury Officers, Nashik/Kolhapur
• Chief Minister's Private Secretary, Mantralaya, Mumbai
• Minister (State Excise)'s Private Secretary, Mantralaya, Mumbai
• Principal Secretary (State Excise)'s Personal Assistant

IMPORTANT NOTES / CONDITIONS / PENALTIES

Critical Conditions (Suspensive Conditions):

1. MPSC Approval Pending: The promotion is conditional upon and subject to the approval of the Maharashtra Public Service Commission. This means the promotion, although regularized, may be revoked if MPSC does not grant final approval.

2. High Court Petition Pending: The regularization is subject to the final judgment in High Court Writ Petition No. 7253/2015 relating to the Reservation Act, 2001. This implies that:

   • There is a legal challenge pending in the High Court of Mumbai
   • The challenge relates to reservation/SC-ST-OBC eligibility issues under the Reservation Act
   • The final court judgment may overturn or affect this regularization
   • Until the court decides, the promotion remains provisional

Digital Signature & Publication:

• The order has been digitally signed and authenticated
• A copy is available on the Maharashtra Government portal (www.maharashtra.gov.in)
• Portal Reference Code: 201509011722554129

Non-Excise Nature: This document is NOT related to alcohol licensing, permits, fees, or excise regulations under the Bombay Prohibition Act 1949 or subordinate rules. It is purely an administrative/personnel promotion order within the State Excise Department hierarchy.

LEGAL CROSS-REFERENCES CITED IN ORDER

1. Government Order EST-2712/Pr.Kr.88/ESC-4, dated 1 June 2012 — Original promotion of Shri P.P. Suve and reference regarding deputation of Shri T.R. Salunkhe

2. Government Order EST-2712/Pr.Kr.337(2)/RAU-1, dated 11 September 2014 — Original order granting temporary promotion to Smt. Sangita Darekar

3. Reservation Act, 2001 — Subject to final High Court judgment in Writ Petition No. 7253/2015 relating to this Act

PROCESSING NOTES FOR EXCISE ANALYST

⚠️ This document is NOT an excise licensing, fee, or regulatory matter. It is a personnel/administrative order and falls outside the scope of:

• Bombay Prohibition Act 1949
• Bombay Foreign Liquor Rules 1953
• Maharashtra Country Liquor Rules 1973
• License fee schedules
• Application procedures for FL/CL licenses

Relevance to Excise Operations: This order is relevant only insofar as it affects personnel administration within the State Excise Department hierarchy and the chain of command for excise officers.