MAHARASHTRA EXCISE OFFICIAL DOCUMENT ANALYSIS

Document Type: Government Resolution (Shaasan Nirnay / GR)

Reference Number: EST-1216/Pr.Kr.78/RAUSHU-1, dated 14 June 2016

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

Effective Date: From date of publication / From the date of this Government Resolution (14 June 2016)

Portal ID: 1324

SUMMARY

This Government Resolution concerns the reorganization of Civil Service Boards (Nagarik Seva Mandal) established for recommending transfers and postings of Group-A and Group-B gazetted officers within the State Excise Department (Rajya Utpadan Shulk Vibhag). The GR dissolves the previously constituted Civil Service Board (established vide GR dated 21.04.2015) and establishes new Civil Service Boards with revised composition to handle regular transfers of officers in the ranks of Inspector (Group-B), Deputy Superintendent (Group-B), Superintendent (Group-A), and Deputy Commissioner-Junior Grade (Group-A) during April-May, as well as special transfers and postings of senior officers. The directive follows Supreme Court instructions issued in a 2011 Writ Petition.

KEY PROVISIONS

1. Dissolution of Previous Board:

• The Civil Service Board constituted vide Government Resolution dated 21.04.2015 for handling transfers of officers in the State Excise Department (Group-A and Group-B ranks) stands CANCELLED/DISSOLVED (Radd Karyat Yete Aahe).

2. Establishment of New Civil Service Board (Board-1) – For Regular April-May Transfers:

The following Civil Service Board is hereby constituted to handle regular transfers (Niyamit Badlya) of officers in the following ranks during April-May:

• Inspector (Group-B)
• Deputy Superintendent (Group-B)
• Superintendent (Group-A)
• Deputy Commissioner (Junior Grade) (Group-A)

Board Composition (Board-1):

• Chairman: Commissioner, State Excise Department
• Member: Joint Commissioner (Administration), State Excise Department
• Member-Secretary: Deputy Commissioner (Junior Grade) (Administration), State Excise Department

Function: This Board shall present cases of regular April-May transfers of officers in the above ranks to the Principal Secretary (RAUSHU) with its recommendations.

Operative Date: This Board shall come into existence from the date of this Government Resolution (14.06.2016).

3. Establishment of Second Civil Service Board (Board-2) – For Senior Officer Transfers and Special Postings:

A second Civil Service Board is hereby constituted to handle:

• Regular transfers of officers in the following ranks:
  • Additional Commissioner
  • Joint Commissioner
  • Deputy Commissioner (Senior Grade)
• Special transfers and postings of officers in Group-A and Group-B grades

Board-2 Composition:

• Chairman: Principal Secretary (RAUSHU)
• Member: Commissioner, RAUSHU (Home Department)
• Member: Deputy Secretary / Joint Secretary (Service/SAPRAVAI - Establishment matters)

Function: This Board shall present cases related to regular transfers of senior officers and special transfers/postings of Group-A and Group-B officers to the Government (Home Department) for decision.

LEGAL REFERENCES AND PREVIOUS DIRECTIVES

This GR is issued in compliance with and supersedes:

1. Government Resolution, General Administration Department, No. SRV-2014/Pr.Kr.26/12, dated 31.01.2014
2. Government Resolution, General Administration Department, No. SRV-2014/Pr.Kr.26/12, dated 20.05.2014
3. Government Resolution, General Administration Department, No. SRV-2014/VIP 284/Pr.Kr.362/12, dated 26.11.2014
4. Government Resolution, General Administration Department, No. SRV-2014/Pr.Kr.26/12, dated 19.01.2015
5. Government Resolution, Home Department, No. EST-1214/Pr.Kr.82/RAUSHU-1, dated 21.04.2015
6. Government Resolution, Home Department, No. EST-1215/Pr.Kr.28/RAUSHU-1, dated 30.05.2015

Supreme Court Order: This GR is also issued pursuant to the directions issued by the Hon'ble Supreme Court in Writ Petition (Civil) No. 82/2011, order dated 31.10.2013, which mandated the establishment of Civil Service Boards to recommend transfers and postings of Group-A, Group-B, and Group-C officers.

STATUTORY BASIS

The authority to delegate transfer powers and the constitution of this Board is based on:

• Government Servants' Transfer Regulation Act, 2005 – provisions empowering the Principal Secretary (RAUSHU) and delegating authorities to transfer officers.

DOCUMENTS/FORMS REQUIRED

Not Applicable – This is an administrative order establishing committees. No citizen or license applicant submission is required.

WHO IS AFFECTED

Direct Authorities/Officials:

1. Commissioner, State Excise Department – Designated as Chairman of Board-1; must preside over Board-1 meetings.

2. Joint Commissioner (Administration), State Excise Department – Designated as Member of Board-1.

3. Deputy Commissioner (Junior Grade) (Administration), State Excise Department – Designated as Member-Secretary of Board-1.

4. Principal Secretary (RAUSHU/Home Department) – Designated as Chairman of Board-2; receives transfer recommendations from both Boards.

5. All Officers in the Following Ranks (Whose Transfers Will Be Processed):

   • Inspector (Group-B)
   • Deputy Superintendent (Group-B)
   • Superintendent (Group-A)
   • Deputy Commissioner (Junior Grade) (Group-A)
   • Additional Commissioner (Group-A)
   • Joint Commissioner (Group-A)
   • Deputy Commissioner (Senior Grade) (Group-A)

Indirect Affected Parties:

• State Excise Department Administration
• Home Department (Government of Maharashtra)
• All District Excise Officers and Subordinate Excise Staff (whose transfer matters may be referred)

IMPORTANT NOTES / CONDITIONS / PROCEDURES

1. Temporal Scope:

• Board-1 specifically handles April-May regular transfers (April-May madhil Niyamit Badlya).
• Board-2 handles all regular transfers of senior officers and special transfers/postings throughout the year.

2. Procedure:

• All transfer cases of officers in the specified ranks must be submitted with recommendations to the Principal Secretary (RAUSHU) by the respective Board.
• The Board does not have final authority — it acts in an advisory/recommendatory capacity only.
• Final orders on transfers rest with the Principal Secretary (RAUSHU) or competent Government authority.

3. Authority Hierarchy:

• Board-1 reports to Principal Secretary (RAUSHU).
• Board-2 is chaired by Principal Secretary (RAUSHU) and reports directly to Government (Home Department).

4. Previous Board Cancelled:

• The Board constituted vide GR dated 21.04.2015 is fully cancelled and ceases to have any force.
• All pending transfer cases pending before the old Board must be re-submitted to the new Boards as per this GR.

5. Delegation of Authority:

• This GR does not constitute final transfer authority in the hands of the Boards.
• Boards are recommendatory bodies only; final transfer orders must be issued by the Principal Secretary (RAUSHU) or competent Government authority.

6. Transparency and Publication:

• This GR is published on the official Maharashtra Government portal: www.maharashtra.gov.in
• Portal Reference Code: 201606141653438629
• Document is digitally signed and authenticated.

7. Distribution and Implementation:

• The GR is directed to be circulated to:
  • Commissioner, State Excise Department
  • Deputy Commissioner (Junior Grade) (Administration), State Excise Department
  • Joint Commissioner (Administration), State Excise Department
  • Principal Secretary to Chief Minister
  • Private Secretaries of Minister (Excise) and State Minister (Excise)
  • Additional Chief Secretary (Service/Establishment)
  • Senior Administrative Officer, Principal Secretary (RAUSHU)

PREAMBLE / BACKGROUND (LEGISLATIVE INTENT)

The Supreme Court, in Writ Petition (Civil) No. 82/2011 (Order dated 31.10.2013), directed the State to establish Civil Service Boards to recommend transfers and postings of gazetted officers in Groups A, B, and C.

In response:

• General Administration Department (31.01.2014) issued initial directive for Board constitution.
• Home Department (21.04.2015) initially established a Board under the chairmanship of Principal Secretary (RAUSHU).
• Home Department (30.05.2015) granted transfer authority to the Principal Secretary (RAUSHU) for specified ranks, allowing streamlined processing.

Upon review, the Government has decided to reorganize the Board structure to:

1. Create a specialized Board (Board-1) for routine April-May transfers of lower Group-A and Group-B ranks.
2. Create a senior Board (Board-2) under the Principal Secretary for senior officer transfers and special cases.

This restructuring aligns with the Government Servants' Transfer Regulation Act, 2005, which permits delegation of transfer authority to subordinate bodies while maintaining accountability.

EXECUTION AND DIGITAL AUTHENTICATION

Issued By: Pu. V. H. Vagde, Joint Secretary, Home Department, Government of Maharashtra

Digital Signature: Applied (Digjitally Signed) - Official authentication.

Date of Issue: 14 June 2016

Authority: Issued by order and on behalf of the Governor of Maharashtra.

ADDITIONAL ADMINISTRATIVE NOTES

Not Applicable to Excise License Applicants — This GR does not affect:

• Foreign Liquor License (FL-I, FL-II, FL-III, FL-IV) applicants or holders.
• Country Liquor License (CL-I, CL-II, CL-III) applicants or holders.
• Toddy/Neera license applicants.
• Manufacturing permit holders.
• Any persons seeking excise permits or renewals.

This is purely an internal Government administrative reorganization of the machinery handling officer transfers within the State Excise Department.

CONCLUSION

This Government Resolution reorganizes the Civil Service Board framework for State Excise Department officer transfers, dissolving the previous Board and establishing two new Boards with clearly defined jurisdictions and composition. All transfer recommendations must henceforth follow the procedures outlined herein and be submitted to the appropriate Board before onward transmission to the Principal Secretary (RAUSHU) for final government decision.