MAHARASHTRA EXCISE OFFICIAL DOCUMENT ANALYSIS

Document Type: Government Resolution (शासन आदेश) — Administrative Transfer Order

Reference Number: EST-1217/Pr.Kr.88/RAUSU-1

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

Date of Issue: 18 December 2017

Effective Date: Immediate (तात्काळ अंमलात)

SUMMARY

This is an administrative transfer order issued by the Government of Maharashtra concerning the premature transfer of an officer holding the rank of Deputy Superintendent, State Excise (गट-ब) cadre. The order effects the transfer of one named officer (Shri B. M. Birajdar) from his current posting at Kolhapur Sugar Mills, Kolhapur to the position of Deputy Superintendent, State Excise, Solapur. The order is issued under the provisions of the Maharashtra Government Employees Transfer Regulation and Prevention of Delay in Discharge of Government Duties Act, 2005, Section 4(5), with prior approval of competent authorities. The order mandates immediate implementation and places specific compliance obligations on the Commissioner, State Excise.

KEY PROVISIONS

Transfer Details:

• Officer Name: Shri B. M. Birajdar (श्री बी. एम. बिराजदार)
• Current Posting: Kolhapur Sugar Mills, Kolhapur
• Current Department/Revenue Allotment: Not Applicable (लागू नाही)
• New Posting: Deputy Superintendent, State Excise (उप अधीक्षक, रा.उ.शु.), Solapur
• Effective Date of Transfer: Immediate

Legal Authority:

• Transfer ordered under Maharashtra Government Employees Transfer Regulation and Prevention of Delay in Discharge of Government Duties Act, 2005 (महाराष्ट्र शासकीय कर्मचाऱ्यांच्या बदल्यांचे विधिनियमन आधि शासकीय कर्तव्ये पार पाठताना होणाऱ्या विलंबास प्रतिबंध अधिनियम, 2005), Section 4(5)
• Transfer executed with prior approval of competent authorities (सक्षम प्राधिकाऱ्यांच्या पूर्व मान्यतेने)

Compliance Obligations on Commissioner, State Excise:

1. Immediate Release from Current Post:

   • Officer must be immediately relieved/discharged from current posting upon receipt of transfer order
   • Upon completion of relief formalities from current posting, officer must be immediately taken on charge (उज्जू) at new posting
   • If officer is not taken on charge due to procedural delays, forced waiting period (सक्तीचा प्रतीक्षाकाळ) may arise, requiring payment of salary and allowances — responsibility for such costs shall be fixed on the relevant officers

2. Reporting to Government:

   • Commissioner must immediately inform the Government of:
     • Date on which officer was relieved from current posting
     • Date on which officer reported at new posting

3. Implementation Timeline:

   • Order is effective immediately (तात्काळ अंमलात येतील)
   • Implementation must be prompt and efficient (तात्काळ व कार्यक्षमतेरित्या)
   • Officer must accept charge of new posting immediately (तात्काळ स्वीकारावा)

Prohibition on Interference:

• Section 4: Any officer, directly or indirectly, making pressure or attempting to influence modifications to this transfer order shall be deemed to have violated Rule 23 of the Maharashtra Civil Service (Conduct) Rules, 1979 (महाराष्ट्र नागरी सेवा (वर्तनूक) नियम, 1979)
• Such violation constitutes misconduct (गैरवर्तनूक)
• Disciplinary action (शिस्तभंग विषयक कारवाई) shall be initiated against the erring officer(s)

Digital Publication:

• Government Resolution made available on official website: www.maharashtra.gov.in
• Reference Code: 201712181516496229
• Document authenticated with digital signature

DISTRIBUTION (प्रति)

Official Copies to:

1. Commissioner, State Excise, Maharashtra State, Mumbai
2. Chief Auditor-1/2 (Audit/Accounts and Appropriation), Maharashtra State, Mumbai/Nagpur
3. All Departmental Deputy Commissioners, State Excise (via Commissioner, State Excise, Maharashtra State, Mumbai)
4. District Treasury Officers, Kolhapur and Solapur
5. All Superintendents, State Excise (via Commissioner, State Excise, Maharashtra State, Mumbai)
6. Concerned Officer (via Commissioner, State Excise, Maharashtra State, Mumbai)
7. File (RAUSU-1)

Information Copies to:

1. Principal Secretary to Chief Minister, Ministry, Mumbai
2. Private Secretary to Minister (State Excise), Ministry, Mumbai
3. Senior Personal Assistant to Principal Secretary (State Excise), Ministry, Mumbai

WHO IS AFFECTED

• Deputy Superintendent, State Excise, cadre-B (one named individual: Shri B. M. Birajdar)
• Commissioner, State Excise, Maharashtra (implementation authority)
• Kolhapur Sugar Mills, Kolhapur (releasing authority)
• Solapur State Excise Division (receiving authority)
• All subordinate State Excise personnel under Commissioner's jurisdiction

IMPORTANT NOTES / CONDITIONS / PENALTIES

1. No Financial Implications for Wrongful Delay:

   • Any salary/allowance or forced waiting period charges arising from delayed assumption of charge shall be the financial and administrative responsibility of the responsible officers
   • Government shall not bear such costs

2. Strict Compliance Required:

   • Order must be implemented with "extreme strictness" (काटेकोरपणे)
   • All procedural instructions are mandatory, not discretionary

3. Anti-Corruption Clause:

   • Rule 23, Maharashtra Civil Service (Conduct) Rules, 1979 prohibits any pressure or interference in transfer matters
   • Violation results in disciplinary proceedings (शिस्तभंग विषयक कारवाई) and is classified as misconduct

4. Authority for Order:

   • Issued on behalf of and by order of the Governor of Maharashtra (महाराष्ट्राचे राज्यपाल यांच्या आदेशानुसार व नावाने)
   • Signed by: Shivaji Baliram Chavan, Executive Officer, Government of Maharashtra

5. No License/Excise Tax Implications:

   • This is a purely administrative/personnel matter and does NOT affect any Excise licenses, fees, permits, or tax provisions

RELATION TO EXCISE LAW

Relevance to Excise Regulation: This document concerns administrative management of State Excise Department personnel and does NOT directly amend or modify any provisions of:

• Bombay Prohibition Act, 1949
• Bombay Foreign Liquor Rules, 1953
• Maharashtra Country Liquor Rules, 1973
• Any subordinate excise licensing or taxation rules

Impact: The transfer ensures continuity of State Excise administration in Solapur district under new officer leadership. No changes to excise licensing procedures, fee structures, or regulatory requirements are effected by this order.

Document Classification: ADMINISTRATIVE (NOT SUBSTANTIVE EXCISE LAW)

Digital Verification: www.maharashtra.gov.in | Reference Code: 201712181516496229