MAHARASHTRA EXCISE DEPARTMENT — DOCUMENT ANALYSIS

Document Type: Government Order (शासन आदेश) — Reinstatement to Service

Reference Number: EST-5015/Pr.Cr.140/RAUŚU-1, dated 15 May 2017

Issued By: Government of Maharashtra, Home Department (गृह विभाग), on behalf of the Governor of Maharashtra

Effective Date: 15 May 2017 (date of Government Order)

Portal ID: 1373 | Digital Signature ID: 201705151214568429 | Website: www.maharashtra.gov.in

SUMMARY

This Government Order reinstates Shri Jagdish Deshmukh, Inspector (Group-B), State Excise Department, to service following the revocation of his suspension. Deshmukh was suspended on 19 June 2015 following a mass poisoning incident in Malvani, Mumbai (18 June 2015) involving adulterated country liquor that resulted in approximately 104 deaths. After 1 year 11 months of suspension, and following departmental inquiry as directed in the Home Department memorandum of 22 March 2017, his suspension is hereby revoked and he is restored to government service.

KEY PROVISIONS

A. Background & Incident

• Date of Incident: 18 June 2015
• Location: Slum area near Jurapipeshwar Park, Kharodi, Gaon Devi Manor Road, Malvani, Malad (West), Mumbai, Mumbai Suburban District
• Nature of Incident: Mass poisoning caused by adulterated country liquor mixed with toxic chemicals (विषारी रासायनिक द्रव्य मिश्रित गावठी दारु)
• Casualty: Approximately 104 deaths (सुमारे 104 व्यक्तींचा मृत्यू)
• Jurisdiction: Area fell under the territorial jurisdiction of the Inspector, State Excise Department, YU Division, Mumbai Suburban District

B. Suspension Details

• Officer Suspended: Shri Jagdish Deshmukh, Inspector (Group-B), State Excise Department (RAUŚU), YU Division, Mumbai Suburban
• Suspension Order: Commissioner of State Excise, Government of Maharashtra, Reference Order No. EST-112015/Malvani Accident/Pradesh-10, dated 19 June 2015
• Period of Suspension: 1 year 11 months (from 19 June 2015 to 15 May 2017)

C. Legal Basis for Revocation

• Government Decision Reference: Government of Maharashtra, General Administration Department (सामान्य प्रशासन विभाग), Decision No. NIPA-1111/Pr.Cr.86/11-A, dated 14 October 2011
  • Provision: No requirement to present the case before a Suspension Review Committee (निलंबन आढावा समिती) for revocation of suspension
• Departmental Inquiry Reference: Home Department, Government Order No. EST-2015/Pr.Cr.140(1)/RAUŚU-1, dated 22 March 2017
  • Direction: Departmental inquiry was ordered under this order

D. Authority & Procedure for Reinstatement

• Position Classification: Inspector is a Group-B (Category B) post under State Excise Department
• Appointing Authority: Government of Maharashtra
• Legal Framework: Maharashtra Civil Service (Recruitment and Appeal) Rules, 1979, Rule 4(5)(a)
• Method of Revocation: Using the powers vested in the competent authority under the above rules, with approval of the authorized administrator (सक्षम प्राधिकारी की मान्यतेने)

E. Conditions of Reinstatement

• Departmental Inquiry Condition: Officer shall remain subject to the departmental inquiry directed vide Home Department memorandum of 22 March 2017
• Suspension Revocation Status: Suspension order is hereby revoked (निलंबन आदेश रद्द करण्यात आले आहे) and officer is reinstated to government service
• Posting Details: Separate action shall be taken regarding his posting/placement (पदस्थापनेबाबत स्वतंत्रतेने कार्यवाही करण्यात येईल)

OFFICERS & AUTHORITIES ADDRESSED

Distribution List (प्रति):

1. Commissioner, State Excise, Maharashtra State, Mumbai
2. Accountant General-1 (Audit/Financial Sanctioning Authority), Maharashtra State, Mumbai
3. Divisional Deputy Commissioner, State Excise, Konkan Division, Thane
4. District Treasury Officer, Mumbai Suburban
5. Superintendent, State Excise, Mumbai Suburban
6. Related Officer (concerned officer, referred to Commissioner, RAUŚU, Mumbai)
7. Files (RAUŚU-1)

Information Copy (प्रति माहितीस्तव):

1. Principal Secretary to the Chief Minister, Government Secretariat, Mumbai
2. Private Secretary to the Minister (RAUŚU — Revenues, Alcohol & Printing/State Excise), Government Secretariat, Mumbai

WHO IS AFFECTED

• Shri Jagdish Deshmukh — Inspector (Group-B), State Excise Department (RAUŚU), YU Division, Mumbai Suburban District
• State Excise Department (RAUŚU) — Administrative management and posting/placement of the reinstated officer
• Commissioner of State Excise — Implementation and coordination authority

IMPORTANT NOTES / CONDITIONS / PENALTIES

1. Pending Departmental Inquiry

• Despite revocation of suspension, the officer remains subject to the ongoing departmental inquiry directed by Home Department Order dated 22 March 2017
• Completion of inquiry may result in further disciplinary action if warranted

2. Separate Action on Posting

• The Government Order does NOT specify posting/placement location
• Separate independent action (स्वतंत्रतेने कार्यवाही) shall be taken by the appointing authority regarding the officer's posting assignment
• This may result in posting to a different location/division than the original YU Division, Mumbai Suburban

3. No Suspension Review Committee Requirement

• As per General Administration Department Decision of 14 October 2011, this reinstatement does NOT require presentation before a Suspension Review Committee
• Direct revocation by competent authority is authorized under applicable rules

4. Digital Authentication

• This Government Order is authenticated by digital signature
• Reference Portal ID: 1373
• Document ID: 201705151214568429
• Accessible at: www.maharashtra.gov.in

5. Issued Authority

• Issued by Shri P. J. Shedmekhe, Section Officer, Home Department, Government of Maharashtra
• On behalf of and in the name of the Governor of Maharashtra

DOCUMENTS/ENCLOSURES REQUIRED

Referenced Government Orders (not attached, but cited):

1. Commissioner, State Excise Order No. EST-112015/Malvani Accident/Pradesh-10, dated 19.06.2015 (Suspension Order)
2. General Administration Department Decision No. NIPA-1111/Pr.Cr.86/11-A, dated 14.10.2011 (Policy on Suspension Revocation)
3. Home Department Memorandum No. EST-2015/Pr.Cr.140(1)/RAUŚU-1, dated 22.03.2017 (Departmental Inquiry Direction)

RELEVANT LEGISLATION CITED

• Maharashtra Civil Service (Recruitment and Appeal) Rules, 1979 — Rule 4(5)(a)
  • Authority: Powers granted to competent authority for reinstatement of suspended employees

LEGAL SIGNIFICANCE IN EXCISE CONTEXT

While this order is administrative/personnel in nature (not directly related to liquor license regulation), it is significant because:

1. Quality Control Officer Restoration: Deshmukh was an Inspector in the State Excise Department who likely had oversight responsibility for quality control, inspection, or investigation of country liquor operations in Mumbai Suburban District
2. Post-Malvani Incident: The poisoning incident indicates a systemic failure in quality/safety oversight; his reinstatement suggests the department required his functional expertise to prevent recurrence
3. Departmental Accountability: The continuing departmental inquiry suggests the department was investigating whether negligence or dereliction of duty contributed to the tragedy
4. Operational Impact: His reinstatement affects the operational capacity of State Excise Department inspections in Mumbai Suburban area

LANGUAGE NOTE

Document is in Marathi (Devanagari script). All critical information has been extracted and translated to English above.