MAHARASHTRA EXCISE DEPARTMENT — OFFICIAL DOCUMENT ANALYSIS

Document Type: Government Resolution (Shasan Aadesh) — Promotion Order

Reference Number: EST-2715/Pr.Cr.158/RAUSU-1

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

Date of Issue: 2 July 2016

Effective Date: Immediate (तात्काळ अंमलात)

Portal ID: 1355

Digital Signature Reference: 201607021801389129

SUMMARY

This is a Government Resolution issued by the Maharashtra Home Department promoting one officer from the rank of Assistant Commissioner (Group-B), State Excise (RAUSu) to the rank of Deputy Commissioner (Senior Scale) (Group-A), State Excise. The promotion is contingent on approval from the Maharashtra Public Service Commission and is subject to final orders pending in writ petitions before the High Court. The promoted officer must assume charge of the new posting immediately upon receipt of the promotion order, with failure to do so within one month resulting in automatic cancellation of the promotion.

KEY PROVISIONS

Officers Promoted:

Conditions & Mandatory Requirements:

1. Approval Conditions:

   • Promotion is granted subject to approval by the Maharashtra Public Service Commission (माझा. लोकसेवा आयोग)
   • Promotion is conditional upon final orders in the following pending High Court writ petitions:
     • Writ Petition No. 8452/2004
     • T.A. (Transfer Application) 1/2014
     • T.A. (Transfer Application) 2/2014

2. Immediate Action Requirements:

   • Upon receipt of the promotion order, the promoted officer must be immediately relieved from current position
   • The promoted officer must immediately assume charge of the new posting
   • Failure to join the new posting within one month from the date of this order will result in the promotion being deemed as declined, and the promotion order will be revoked automatically

3. Reporting Obligation:

   • Commissioner, RAUSu must immediately inform the Government:
     • Date on which the officer was relieved from current position
     • Date on which the officer joined the new posting

4. Prohibition on Pressure/Interference:

   • No officer shall directly or indirectly attempt to exert pressure to change the posting location
   • Violation of this condition will constitute breach of Maharashtra Civil Service (Conduct) Rules, 1979, Rule 23
   • Such breach will be treated as misconduct and disciplinary action will be initiated against the violating officer

5. Consequences of Non-Compliance with Joining:

   • If the promoted officer fails to join the new posting within one month, responsible officers may be held accountable
   • The promoted officer may be placed on compulsory leave without work and salary/allowances may be withheld
   • Such situations will result in disciplinary liability for concerned officers

OFFICER AFFECTED

Shri S. M. Jagtap — Assistant Commissioner, State Excise (RAUSu), currently posted at Office of Commissioner, RAUSu, Mumbai

LICENSE TYPES / EXCISE MATTERS AFFECTED

This is an administrative/personnel order and does not directly affect license types (FL-I, FL-II, FL-III, FL-IV, CL-I, CL-II, CL-III, Toddy, Neera, etc.). However, it affects the administrative hierarchy responsible for:

• Issuance and enforcement of all liquor licenses
• Regulation of Foreign Liquor (FL) and Country Liquor (CL) licenses
• Supervision of Excise Department operations across Maharashtra State

DISTRIBUTION / AUTHORITIES NOTIFIED

Direct Recipients (प्रती):

1. Accountant General (Audit/Accounts and Entitlement), Maharashtra, Mumbai
2. Commissioner, State Excise, Maharashtra State, Mumbai
3. All Divisional Deputy Commissioners, State Excise
4. All Inspectors, State Excise
5. Grants and Accounts Officer, Mumbai
6. General Administration Department, Office No. 12, Ministry, Mumbai
7. Concerned Officers (through Commissioner, RAUSu)
8. Record — RAUSu-1

For Information (प्रत माधहतीस्तव):

1. Principal Secretary to Chief Minister, Ministry, Mumbai
2. Private Secretary to State Minister (RAUSu), Ministry, Mumbai
3. Senior Private Assistant to Principal Secretary (RAUSu), New Ministry, G.T. Hospital, Mumbai

IMPORTANT NOTES & PENALTIES

Grounds for Automatic Revocation of Promotion:

• If the promoted officer fails to join the new posting within one month from 2 July 2016, the promotion will be automatically revoked and the promotion order will be cancelled

Penalties for Non-Compliance:

LEGAL/PROCEDURAL NOTES

1. High Court Petitions Pending: This promotion remains conditional upon final adjudication of Writ Petition No. 8452/2004 and its connected transfer applications (T.A. 1/2014 and T.A. 2/2014)

2. Publication: This order has been published on the official Government of Maharashtra website: www.maharashtra.gov.in with Reference Code 201607021801389129

3. Authentication: Order is authenticated with digital signature as per e-governance protocols

4. Constitutional Authority: Issued under the orders and in the name of the Governor of Maharashtra

EXCISE RELEVANCE

While this document is primarily a personnel/administrative order, it is significant for Excise law practitioners because:

• It establishes the promotion of a senior officer within the State Excise hierarchy
• The promoted officer (now Deputy Commissioner) will have supervisory authority over all excise enforcement, licensing, and regulatory matters across Maharashtra
• Changes in administrative hierarchy may affect excise policy implementation, license issuance procedures, and appeals processes

Document Status: COMPLETE AND OPERATIVE from 2 July 2016