MAHARASHTRA EXCISE OFFICIAL DOCUMENT ANALYSIS

Document Type: Government Resolution (शासन आदेश) — Disciplinary Suspension Order

Reference Number: EST-5015/PR.KR.259/RAUSHU-1

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

Issued From: Martyrs' Chowk, Mada Kama Marg, Ministry, Mumbai-400 032

Date of Issue: 18 July 2016

Digital Reference Code: 201607181739117329

SUMMARY

This is a disciplinary suspension order against Shri. Subhash Mahadeo Jadhav, Inspector (Group B), State Excise Department, Bharati Section, Maharashtra State. The officer was arrested on 15 October 2015 under Section 7 of the Prevention of Corruption Act, 1988 (लाचलुचपत प्रवतबांधक अवधवनयम, 1988), following FIR No. 0333/2015 registered at Jaiharinagar Police Station, Aurangabad. The order places him under immediate suspension from service and imposes conditions on his movement and employment rights during the suspension period.

KEY PROVISIONS

Suspension Details:

1. Suspended Officer: Shri. Subhash Mahadeo Jadhav, Inspector (Group B), State Excise Department, Bharati Section, Maharashtra State

2. Legal Basis for Suspension: Maharashtra Civil Service (Discipline and Appeal) Rules 1979, Rule 4(1)(a) (महाराष्ट्र नागरी सेिा (वशस्त ि अपील) वनयम 1979, वनयम 4(1)(क))

3. Effective Date: Immediate (तात्काळ)

4. Suspension Conditions:

   • Officer shall remain headquartered in Mumbai for the entire duration of suspension
   • Officer cannot leave headquarters without prior written permission from the Commissioner of State Excise, Mumbai (आयुक्त, राज्य उत्पादन शुल्क, मुांबई)

Salary and Benefits During Suspension:

5. Subsistence Allowance and Other Allowances Due:

   • Officer is entitled to subsistence allowance (निवाहभत्ता) and other allowances as per Maharashtra Civil Service (Recruitment, Probation, Classification, Promotion and Termination) Rules 1981, Rule 68 (महाराष्ट्र नागरी सेिा (पदग्रहण अिधी, स्िीयेत्तर सेिा, वनलांबन, बडतर्फी ि सेिेतून काढून टाकणे याांच्या काळातील प्रदाने) वनयम 1981, वनयम 68)

6. Condition for Continuation of Allowance:

   • As per Rule 69, Sub-rule (4) of the 1981 Rules, the officer must furnish a required certificate (आिश्यक प्रमाणपत्र) to continue receiving subsistence allowance
   • Failure to provide this certificate shall result in suspension of subsistence allowance payment

Restrictions on Employment and Private Work:

7. Prohibited Activities During Suspension:
   • Officer is prohibited from accepting any other employment or undertaking any private business (नोकरी स्िीकारणे ककिा धांदा करणे अनुज्ञेय असणार नाही)
   • Reference: Maharashtra Civil Service (Conduct) Rules 1979, Rule 16 (महाराष्ट्र नागरी सेिा (ितगणूक) वनयम 1979, वनयम 16)

Consequences of Violation:

8. If Officer Accepts Private Employment or Undertakes Business During Suspension:
   • Officer shall be deemed guilty of misconduct (गैरितगणुकीबद्दल दोषी)
   • Officer becomes liable for departmental action (कायगिाहीस पात्र ठरतील)
   • Officer shall forfeit all rights to subsistence allowance (निवाह भत्त्यािरील आपला हक्क गमािून बसतील)

OFFICIAL NOTIFICATION REFERENCES

Criminal Proceedings Base:

• Act: Prevention of Corruption Act, 1988 (लाचलुचपत प्रवतबांधक अवधवनयम, 1988)
• Section: Section 7
• FIR Number: 0333/2015
• Police Station: Jaiharinagar Police Station, Aurangabad
• Date of FIR Registration: 15 October 2015
• Date of Arrest: 15 October 2015

Regulatory Framework:

1. Maharashtra Civil Service (Discipline and Appeal) Rules 1979 — Rule 4(1)(a)
2. Maharashtra Civil Service (Recruitment, Probation, Classification, Promotion and Termination) Rules 1981 — Rule 68
3. Maharashtra Civil Service (Recruitment, Probation, Classification, Promotion and Termination) Rules 1981 — Rule 69, Sub-rule (4)
4. Maharashtra Civil Service (Conduct) Rules 1979 — Rule 16

DISTRIBUTION LIST (Official Circulation)

The following authorities received copies of this order:

1. Commissioner of State Excise, Maharashtra State, Mumbai (with two additional copies) — with instruction to deliver one copy to the suspended officer with dated signature acknowledgment and return the acknowledged copy to the Government immediately

2. Divisional Deputy Commissioner, State Excise, Thane Division

3. Accountant General-1 (Accounts and Audit), Maharashtra State, Mumbai

4. Section Officer and Accounts Officer, Mumbai

5. General Administration Department, Office-11, Ministry, Mumbai

6. Records Department (RAUSHU-1)

IMPORTANT NOTES / CONDITIONS / PENALTIES

Duration of Suspension:

• Order remains in effect until further notice or until the conclusion of criminal/departmental proceedings (not specified in this order)

Critical Conditions:

• Headquarters Restriction: Officer is confined to Mumbai and cannot move without permission
• Certificate Requirement: Failure to submit the certificate required under Rule 69(4) immediately results in suspension of salary benefits
• Zero Tolerance for Private Work: Any private employment or business activity during suspension is grounds for:
  • Misconduct finding
  • Further departmental action
  • Loss of all financial benefits including subsistence allowance

Authority for Appeal/Review:

• Not specified in this order — appeal would be governed by Maharashtra Civil Service (Discipline and Appeal) Rules 1979

Execution Authority:

• Commissioner of State Excise, Maharashtra State, Mumbai — responsible for immediate delivery of order and implementation

OFFICER AFFECTED

Name: Shri. Subhash Mahadeo Jadhav

Designation: Inspector (Group B) [इंस्पेक्टर (गट-ब)]

Department: State Excise Department (राज्य उत्पादन शुल्क)

Section: Bharati Section [भरारी पर्थक]

State: Maharashtra

DOCUMENT AUTHENTICITY

• Published On: Government of Maharashtra Official Portal (www.maharashtra.gov.in)
• Digital Authentication: Digitally signed (डिजीटल स्वाक्षरीने साक्षांकित)
• Issued Under: Authority of the Governor of Maharashtra
• Signed By: Pu. Vahi. Vagde, Joint Secretary, Home Department, Government of Maharashtra (सह सचिव, गृह विभाग, महाराष्ट्र शासन)

RELEVANCE TO MAHARASHTRA EXCISE LAW

Not directly a Bombay Prohibition Act 1949 / Excise Rules document. This is a disciplinary order against an excise officer under general civil service conduct rules. However, it is relevant to Maharashtra Excise Department administration because:

• Officer was suspended while holding a Group B position in State Excise
• The criminal charge relates to corruption (Section 7, Prevention of Corruption Act)
• Order affects excise department personnel management

This document does NOT contain any provisions relating to:

• License issuance/fees (FL-I, FL-II, FL-III, FL-IV, CL-I, CL-II, CL-III, Toddy, Neera)
• Excise rules or regulations
• License conditions or restrictions
• Alcohol product regulation

END OF ANALYSIS