MAHARASHTRA EXCISE OFFICIAL DOCUMENT ANALYSIS
Document Type: Government Order (Reinstatement Order)
Reference Number: Government Order No. EST-5016/Pr.Cr.83(2)/RAUWU-1, Dated 2 July 2016
Issued By: Government of Maharashtra, Home Department (on behalf of the Governor of Maharashtra)
Effective Date: 2 July 2016 (date of order)
Summary:
This Government Order pertains to the reinstatement of Shri. Rajendra Pirsath, Inspector (Grade B), State Excise Department, Maharashtra, who was suspended following a criminal complaint (FIR No. I 21/2015) registered under IPC Sections 354A(1), (1), (4) on 30 January 2015 at Corio Police Station. The suspension exceeded one year, and a Review Committee constituted under the Government Resolution referenced was formed to review the suspension on 27 May 2016. Following the Committee's recommendation and in exercise of powers provided under Rule 4(5)(a) of the Maharashtra Civil Service (Conduct and Appeal) Rules 1979, the Government hereby reinstates Shri. Rajendra Pirsath to government service, subject to the ongoing judicial proceedings against him.
Key Provisions:
• Suspension Background: Shri. Rajendra Pirsath, Inspector (Grade B), State Excise Department, was suspended vide Government Order No. EST-5015/Pr.Cr.35/RAUWU-1 dated 2 March 2015 following registration of FIR No. I 21/2015 under IPC Sections 354A(1), (1), (4) at Corio Police Station on 30 January 2015.
• Review Authority: A Review Committee was constituted under Government Resolution No. EST-2715/Pr.Cr.32/RAUWU-1 dated 23 March 2015 by the Home Department.
• Review Date: The Review Committee conducted its review of the suspension on 27 May 2016.
• Reinstatement Decision: Based on the Review Committee's recommendations and in exercise of powers under Rule 4(5)(a) of the Maharashtra Civil Service (Conduct and Appeal) Rules 1979, the Government terminates the suspension and reinstates Shri. Rajendra Pirsath to government service.
• Conditions of Reinstatement: Reinstatement is subject to the ongoing judicial proceedings against Shri. Rajendra Pirsath.
• Post-Reinstatement Posting: Upon reinstatement, Shri. Rajendra Pirsath is posted as Inspector, RAUWU (Excise), M/s. Associated Blenders Private Limited, Pune.
• Publication: The order has been made available on the Maharashtra Government website www.maharashtra.gov.in with portal reference number 201607021809239629.
• Authentication: The Government Order is digitally signed and authenticated.
Documents/Enclosures Referenced:
The following Government Orders and Resolutions are referenced as basis for this action:
- Government Order No. EST-5015/Pr.Cr.35/RAUWU-1, dated 2 March 2015 (original suspension order)
- Government Resolution, General Administration Department No. NiPrA-1111/Pr.Cr.86/11-A, dated 14 October 2011
- Government Circular, General Administration Department No. NiPrA-1112/Pr.Cr.82/11-A, dated 20 April 2013
- Government Resolution, General Administration Department No. Abhiyo-1314/Pr.Cr.86/11-A, dated 31 January 2015
- Government Resolution, Home Department No. EST-2715/Pr.Cr.32/RAUWU-1, dated 23 March 2015
Who Is Affected:
• Primary: Shri. Rajendra Pirsath, Inspector (Grade B), State Excise Department, Maharashtra
• Departmental Circulation:
- Commissioner, State Excise, Maharashtra State, Mumbai
- Accountant General-1 (Audit/Accounts Sanction), Maharashtra State, Mumbai
- All Divisional Deputy Commissioners, State Excise Department
- District Treasury Officers, Thane/Pune
- Superintendents, State Excise Department, Thane/Pune
- Concerned Officer/Staff (communicated through Commissioner, RAUWU, Mumbai)
- Selected (RAUWU-1)
• Information Copy Recipients:
- Chief Secretary to Chief Minister, Mumbai
- Private Secretary to Minister of State (Excise), Mumbai
- Senior Personal Assistant to Principal Secretary (Excise), New Ministry, G.T. Hospital, Mumbai
Important Notes / Conditions / Penalties:
• Duration of Suspension: The suspension period exceeded one year, which triggered the mandatory review requirement.
• Legal Framework: The reinstatement is granted in strict adherence to Rule 4(5)(a) of the Maharashtra Civil Service (Conduct and Appeal) Rules 1979, which governs the termination of suspension in civil service matters.
• Ongoing Judicial Proceedings: The reinstatement is expressly conditional upon the continuation of judicial proceedings initiated against Shri. Rajendra Pirsath. The Government does not absolve him of legal liability in the criminal case (FIR No. I 21/2015).
• No Waiver of Rights: This reinstatement does not prejudice or waive any action that may be taken in the criminal proceedings or any disciplinary action that may follow thereafter.
• Portal Reference: Digital archive reference number 201607021809239629 on www.maharashtra.gov.in
• Digital Authentication: The order is issued with digital signature authentication by the Home Department, Government of Maharashtra.
Jurisdictional Notes:
• Excise Department Context: This order falls within the administrative structure of the State Excise Department (Maharashtra). While the document itself is not an excise regulation or licensing order, it affects personnel administration of the excise enforcement authority.
• License Types Affected: Although this document does not directly govern FL, CL, Toddy, Neera, or manufacturing licenses, it affects the administrative capacity of the Excise Department to enforce excise laws and issue/manage licenses through its inspectorate.
DOCUMENT STATUS: NOT AN EXCISE LICENSING OR REGULATORY INSTRUMENT
This is a personnel/administrative reinstatement order with no direct bearing on excise license types, fees, forms, or regulations under the Bombay Prohibition Act 1949, Bombay Foreign Liquor Rules 1953, or Maharashtra Country Liquor Rules 1973. It is filed for record as a Government of Maharashtra administrative action affecting Excise Department staffing.