MAHARASHTRA EXCISE DEPARTMENT — OFFICIAL DOCUMENT ANALYSIS

Document Type: Government Resolution / Administrative Order (Establishment/Personnel)

Reference Number: GR No. EST-2715/Pr.Cr.244(Part-1)/RAUSU-1

Issued By: Government of Maharashtra, Home Department (गृह विभाग)

Date of Issue: 15 June 2016

Effective Date: From date of publication (15 June 2016)

Portal ID: 1323

Digital Signature Code: 201606151658185829

SUMMARY

This is a Government Resolution issued by the Maharashtra Home Department regarding promotion and posting of two Sub-Inspectors of State Excise (Grade B) to the cadre of Inspectors of State Excise (Grade A). The resolution directs the appointment of two named officers to Grade-A Inspector positions in the State Excise Department (Aurangabad and Konkan revenue divisions) on temporary/ad-hoc basis subject to specified conditions, including pending court cases, MPSC approval, and departmental inquiries. The officers must assume charge immediately and comply with all stipulated conditions, including a mandatory three-year tenure in their assigned revenue division.

KEY PROVISIONS

Officers Promoted:

1. Shri B. V. Patare

   • Current Assignment: Sub-Inspector, State Excise (Grade B)
   • Promotion: Inspector, State Excise (Grade A)
   • Posting Location: Inspector, State Excise, Parbhani (Revenue Division: Aurangabad)

2. Shri V. D. Shadugle

   • Current Assignment: Sub-Inspector, State Excise (Grade B)
   • Promotion: Inspector, State Excise (Grade A)
   • Posting Location: Inspector, State Excise, Sindhudurg (Revenue Division: Konkan)

Conditions of Promotion (Clause 2):

Condition (i) — Pending Court Cases:

• This promotion is subject to the final judgment in Writ Petition No. 8452/2004 pending in the Hon'ble High Court on matters of Reservation.
• Specifically subject to: T.A. No. 1/2014 and T.A. No. 2/2014 (Appeals filed in the writ petition).
• The promotion remains contingent on favorable court judgment on the reservation issue.

Condition (ii) — Maharashtra Public Service Commission (MPSC) Approval:

• The promotion is subject to the approval/ratification of the Maharashtra Public Service Commission.
• No final confirmation until MPSC accords its consent.

Condition (iii) — Departmental Inquiry/Judicial Cases:

• The promotion is granted on TEMPORARY basis only and remains subject to any departmental inquiry or judicial proceedings that may be pending or initiated against the promoted officers.
• If disciplinary/judicial proceedings are initiated, the provisional nature of the promotion does not preclude action.

Condition (iv) — Mandatory Tenure Period:

• As per Government notification referenced, the promoted officers MUST COMPLETE A MINIMUM OF THREE YEARS (3 YEARS) in their assigned revenue division before any further transfer/posting.
• This is a mandatory cooling-off period.

Duties and Obligations of Promoted Officers (Clause 4):

1. Immediate Assumption of Charge:

   • Officers must report for duty immediately at their new posting.
   • They are NOT permitted to take unauthorized leave upon promotion.

2. Compliance with Existing Instructions:

   • Officers' attention is directed to Government Circular, General Administration Department, No. CDR 1082/2567/28/11, dated 30.08.1982 — officers must comply with guidelines therein regarding leave and posting orders.

3. No Applications for Cancellation or Modification:

   • Officers are NOT PERMITTED to file ANY APPLICATION for:
     • Cancellation of the promotion order
     • Modification of the posting
     • Any other application questioning the promotion or posting

4. Consequences of Non-Compliance:

   • Any officer filing such prohibited applications will face DISCIPLINARY ACTION (शिस्तभंग — Disciplinary Proceedings).
   • Officers are put on notice of this consequence.

Implementation and Reporting (Clause 3):

• Commissioner of State Excise is directed to:
  1. Make local alternative arrangements (स्थानिक पर्यायी व्यवस्था) for continuity
  2. Immediately relieve the promoted officers from their existing postings
  3. Issue notice/directions to the officers and all relevant officials regarding their new postings
  4. Ensure promoted officers report at their new posting without delay
  5. Submit compliance report to the Government after officers assume charge

Distribution and Implementation:

Official Copies Dispatched to:

1. Commissioner, State Excise, Maharashtra State, Mumbai
2. Principal Accountant General — 1 & 2 (Audit/Accounts & Entitlements), Maharashtra, Mumbai/Nagpur
3. All Divisional Deputy Commissioners, State Excise (through Commissioner, State Excise, Maharashtra State, Mumbai)
4. District Treasury Officer(s):
   • Nashik
   • Parbhani
   • Sindhudurg
5. Grant & Accounts Officer, Mumbai
6. All Inspectors, State Excise (through Commissioner, State Excise, Maharashtra State, Mumbai)
7. Concerned Officers (through Commissioner, State Excise, Maharashtra State, Mumbai)
8. Office File (RAUSU-1)

LEGAL BASIS & REFERENCES CITED

Government Notifications (referred to as "वाचा" — Read):

1. Government Notification, General Administration Department, No. SRV-2015/Pr.Cr.156/KA.12, dated 28.04.2015
2. Government Notification, General Administration Department, No. SRV-2015/Pr.Cr.156/KA.12, dated 16.07.2015

(These notifications appear to contain the original regulatory framework for promotion and posting procedures)

Government Circular Referenced:

• Government Circular, General Administration Department, No. CDR 1082/2567/28/11, dated 30.08.1982 — regarding leave and posting compliance

WHO IS AFFECTED

• Two named Sub-Inspectors of State Excise (Grade B):

  • Shri B. V. Patare (now Inspector, Parbhani)
  • Shri V. D. Shadugle (now Inspector, Sindhudurg)

• Commissioner of State Excise — implementation responsibility

• Divisional Deputy Commissioners — all revenue divisions under State Excise

• District Treasury Officers — Nashik, Parbhani, Sindhudurg (financial/administrative coordination)

• All other State Excise Officers — notice of promotions and changes

IMPORTANT NOTES / CONDITIONS / PENALTIES

1. TEMPORARY/AD-HOC STATUS:

• Promotion is NOT permanent confirmation — explicitly on temporary basis (तात्पुरत्या स्वरूपात)
• Status subject to court judgment and MPSC approval

2. COURT STAY RISK:

• Promotion remains suspended if High Court passes adverse judgment on Writ Petition No. 8452/2004 regarding reservation

3. MPSC APPROVAL:

• Promotion effective only after Maharashtra Public Service Commission formally approves/ratifies the appointment

4. DEPARTMENTAL INQUIRY:

• Any pending disciplinary inquiry or judicial proceedings can affect the promotion even after posting

5. MANDATORY THREE-YEAR TENURE:

• No transfer/posting possible for 3 years from date of assumption of charge
• This is a hard bar in the promotion order

6. DISCIPLINARY ACTION:

• Officers filing any application to cancel, modify, or challenge the promotion will face disciplinary proceedings (शिस्तभंग)
• This includes applications for alternative posting, cancellation of promotion, or any modification

7. UNAUTHORIZED LEAVE:

• Officers CANNOT take unauthorized leave upon assuming new charge
• Must report immediately; unauthorized absence is a disciplinary offense

8. NO REPRESENTATIONS:

• Officers may NOT file any representation or petition challenging the posting or promotion while the temporary status subsists

AUTHORITY AND JURISDICTION

• Order issued under: Authority of the Governor of Maharashtra (महाराष्ट्राचे राज्यपाल)
• Implementing Authority: Home Department, Government of Maharashtra
• Executing Authority: Commissioner of State Excise, Maharashtra State

PUBLICATION & AUTHENTICITY

• Order published on Maharashtra Government Portal: www.maharashtra.gov.in
• Digital Signature Verification Code: 201606151658185829
• Order is digitally signed (डिजीटल स्वाक्षरीने साक्षांकित)
• Signed by: P. R. H. Vagde, Deputy Secretary, Home Department, Government of Maharashtra

DOCUMENT STATUS

This is an official Government of Maharashtra Home Department resolution affecting State Excise Department personnel postings. It has statutory force and is binding on all State Excise officers and concerned departments.

The promotion is effective from 15 June 2016 but remains conditional and temporary pending court judgment, MPSC approval, and completion of any pending departmental inquiries.