MAHARASHTRA EXCISE OFFICIAL DOCUMENT ANALYSIS

Document Type: Government Order (Reinstatement of Government Servants)

Reference Number: Government Order No. IST-5015/Pr.Kr.244/RAIISU-1, dated 10 March 2016

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

Effective Date: 10 March 2016

Summary: This Government Order pertains to the reinstatement of two suspended State Excise Department officials — Shri. Balaji Piwaji Mane (Inspector, Group B) and Shri. Kumar Devba Koli (Deputy Inspector, Group A) — both stationed at Islampur, Sangli District. The officials were suspended following criminal prosecution under the Prevention of Corruption Act, 1988, in connection with an FIR filed on 3 March 2014. After completion of departmental inquiry and review by a constituted committee on 7 January 2016, their suspension is hereby terminated and they are reinstated to State Excise service, subject to pending judicial and departmental proceedings.

KEY PROVISIONS:

Background / Cause of Suspension:

• Both officials were booked under FIR No. 5/2014, Islampur Police Station, under Sections 7, 9, 12, 13(1)(D), 13(2) of the Prevention of Corruption Act, 1988, on 3 March 2014.
• Both were held in police custody for a period exceeding 48 hours.
• Shri. Balaji Piwaji Mane was suspended under Government Order No. IST-5014/Pr.Kr.105/RAIISU-1, dated 9 June 2014.
• Shri. Kumar Devba Koli was suspended under Commissioner's Order No. DPI/P112014/41/30/Prdak-10, dated 24 March 2014.

Suspension Review and Reinstatement:

• Suspension duration exceeded one year, triggering mandatory review under Government Decision, Home Department, dated 23 March 2015.
• A Review Committee was constituted (as per Government Decision, General Administration Department, No. Nipra-1314/Pr.Kr.86/11-A, dated 31 January 2015) and conducted review on 7 January 2016.
• Committee recommended reinstatement.
• Reinstatement is authorized under Maharashtra Civil Service (Conduct and Appeal) Rules, 1979, Rule 4(5)(a).

Conditions of Reinstatement:

• Both officials shall remain subject to ongoing judicial proceedings filed in the competent court.
• Both officials shall remain subject to pending departmental inquiry proceedings.
• Reinstatement does not constitute closure or acquittal of criminal or departmental charges.

Posting / Deployment After Reinstatement:

Shri. Balaji Piwaji Mane (Inspector, State Excise):

• New Posting: Inspector, State Excise at M/s. Mohan Rocky Springs Water Brewerys, Khopoli, Dist. Raigad
• Effective: Immediate upon reinstatement
• Action Required: To join duty immediately at the new posting

Shri. Kumar Devba Koli (Deputy Inspector, State Excise):

• Posting Instructions: Commissioner of State Excise shall arrange posting as per guidelines issued in Government Circular, General Administration Department, No. Nipra-1112/Pr.Kr.82/11-A, dated 20 April 2013.
• Action Required: Expedited action to be taken by Commissioner of State Excise.

REFERENCED GOVERNMENT ORDERS AND DECISIONS:

1. Government Order No. IST-5014/Pr.Kr.105/RAIISU-1, dated 9 June 2014 — Suspension order for Shri. Balaji Piwaji Mane
2. Commissioner's Order No. DPI/P112014/41/30/Prdak-10, dated 24 March 2014 — Suspension order for Shri. Kumar Devba Koli
3. Government Decision, General Administration Department, No. Nipra-1111/Pr.Kr.86/11-A, dated 14 October 2011 — General suspension policy framework
4. Government Circular, General Administration Department, No. Nipra-1112/Pr.Kr.82/11-A, dated 20 April 2013 — Guidelines for posting of officials (cited for reinstatement posting)
5. Government Decision, General Administration Department, No. Abhiyo-1314/Pr.Kr.86/11-A, dated 31 January 2015 — Review Committee constitution guidelines
6. Government Decision, Home Department, No. IST-2715/Pr.Kr.32/RAIISU-1, dated 23 March 2015 — Suspension review policy (review after one year)
7. Government Order No. IST-5014/Pr.Kr.170/RAIISU-1, dated 5 December 2014 — Court prosecution approval
8. Government Memorandum No. IST-5015/Pr.Kr.165(1)/RAIISU-1, dated 14 August 2015 — Departmental inquiry initiation for Shri. Mane
9. Government Memorandum No. IST-5015/Pr.Kr.165(2)/RAIISU-1, dated 14 August 2015 — Departmental inquiry initiation for Shri. Koli

DISTRIBUTION / COMPLIANCE AUTHORITY:

The order has been distributed to:

1. Commissioner of State Excise, Maharashtra State, Mumbai
2. Accountant General-1 (Audit/Accounts & Entitlements), Maharashtra, Mumbai
3. Divisional Deputy Commissioner, State Excise, Konkan/Pune
4. District Treasury Officer, Raigad/Sangli
5. Superintendent, State Excise, Raigad/Sangli
6. Concerned Officer/Employee (through Commissioner, RAIISU)
7. Office, RAIISU-1 (for records)

IMPORTANT NOTES / CONDITIONS / PENALTIES:

Critical Conditions:

• Ongoing Judicial Proceedings: The reinstatement does NOT grant immunity or closure of the criminal case. Both officials remain defendants in the court proceeding filed on or after 5 December 2014.
• Departmental Inquiry Still Pending: Departmental inquiry initiated on 14 August 2015 shall continue. Any adverse findings may result in further disciplinary action, including renewed suspension, demotion, or dismissal.
• No Back Wages Confirmation: This order is silent on back wages for the suspension period. Payment is contingent upon final outcome of judicial/departmental proceedings.

License Types Affected:

• None directly. This order concerns State Excise Department personnel administration, NOT excise license issuance, renewal, or cancellation.

Procedural Notes:

• The order has been digitally signed and is available on the official Maharashtra Government portal (www.maharashtra.gov.in) with reference code 201603111203073829.
• The order is issued under the authority of the Governor of Maharashtra.
• Signed by: P. Vaguade, Additional Secretary, Home Department, Government of Maharashtra.

EXCISE IMPLICATIONS:

While this order does not directly regulate excise licenses, the reinstatement of inspectors and deputy inspectors of State Excise is significant because:

• These officials have statutory authority to conduct inspections, seize contraband liquor, and conduct departmental inquiries under the Bombay Prohibition Act, 1949, and subordinate rules.
• Their reinstatement restores enforcement capacity in the excise administrations of Raigad and Sangli districts.
• However, their deployment at a brewery (M/s. Mohan Rocky Springs Water Brewerys, Khopoli) suggests involvement in compliance monitoring or departmental inspection rather than general regulatory duties.

Document Portal Reference: gr_portal ID 1336
Digital Signature Code: 201603111203073829