MAHARASHTRA EXCISE DEPARTMENT — GOVERNMENT ORDER ANALYSIS

Document Type: Government Order (Administrative Transfer Order)

Reference Number: EST-1217/Pr.Cr.86/RAASU-1

Issued By: Government of Maharashtra, Home Department (Secretary)

Date of Issue: 09 November 2017

Effective Date: Immediately upon publication (तात्काळ अंमलात)

Summary

This is an administrative transfer order issued by the Government of Maharashtra (Home Department) transferring two Superintendents within the State Excise Department (Excise Group-A cadre). The order mandates immediate transfer and posting of these officers to new locations with strict compliance procedures for acceptance of new postings and submission of reports to the Government. The order is issued under the provisions of the Maharashtra Government Servants (Conduct) Rules, 1979, and the Regulation of Transfers and Prevention of Delays in Discharge of Government Duties Act, 2005, Section 4(5).

Key Provisions

A. Officers Transferred and New Postings

B. Legal Authority

• Governing Acts/Rules:
  • Maharashtra Government Servants (Conduct) Rules, 1979 — Rule 23
  • Regulation of Transfers and Prevention of Delays in Discharge of Government Duties Act, 2005 — Section 4(5)
  • These transfers are carried out with the prior approval of the competent authority

C. Implementation Directives

Clause 3 — Immediate Effect and Acceptance of New Posting:

• The transfer order comes into effect immediately
• Transferred officers must immediately accept charge of their new posting
• The Commissioner, State Excise, shall strictly follow the following instructions for efficient implementation:

Sub-clause (a) — Release and Joining:

• Upon receipt of the transfer order, transferred officers must be immediately relieved from their current posts
• Transferred officers shall relinquish charge from their current positions and proceed to the new posting
• Upon arrival at the new posting location, they must be immediately taken on charge without delay
• Penalty for Non-Compliance: If any transferred officer is not taken on charge at the new posting, and a situation arises where they are placed on forced waiting period (without work assignment) with payment of salary and allowances, the concerned officers shall be held personally responsible

Sub-clause (b) — Status Report to Government:

• The concerned authority shall immediately inform the Government:
  • The exact date on which each transferred officer was relieved from their current post
  • The exact date on which each transferred officer joined/reported at the new posting
• This information must be submitted to the Government without delay

D. Prohibition on Interference (Clause 4)

• Prohibition: No officer, directly or indirectly, shall attempt to exert pressure or influence to secure any change in this transfer order
• Violation Consequence: Any such attempt shall constitute a breach of Maharashtra Government Servants (Conduct) Rules, 1979 — Rule 23 (Misconduct)
• Action: Such misconduct shall result in disciplinary action being initiated against the concerned officer
• Nature of Action: Disciplinary proceedings under the applicable conduct rules

E. Publication and Digital Authentication (Clause 5)

• The order is made available on the official Maharashtra Government website: www.maharashtra.gov.in
• Website Reference Code: 201711091620586929
• Authentication: The order is digitally signed and authenticated
• Authority: Issued on the direction and in the name of the Governor of Maharashtra

Distribution & Recipients

Primary Recipients (प्रत):

1. Commissioner, State Excise, Maharashtra State, Mumbai
2. Accountant General-1 / Accountant General-2 (Audit/Accounts & Entitlements), Maharashtra State, Mumbai/Nagpur
3. All Divisional Deputy Commissioners, State Excise (through Commissioner, State Excise, Maharashtra State, Mumbai)
4. District Treasury Officers, Aurangabad / Nanded / Sangli-Satara / Gondiya
5. Director and Accounts Officer, Mumbai
6. All Superintendents, State Excise (through Commissioner, State Excise, Maharashtra State, Mumbai)
7. Concerned Officers (through Commissioner, State Excise, Maharashtra State, Mumbai)
8. File (RAASU-1)

For Information (प्रत माहितीस्तव):

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

Who Is Affected

• Shri Pradeep Walunjarkar — Superintendent, State Excise (transferred from Sangli-Satara district to Aurangabad district)
• Shri Nilesh Sangade — Superintendent, State Excise (transferred from Gondiya district to Nanded district)
• Commissioner, State Excise, Maharashtra — Responsible for implementation and compliance reporting
• All Divisional Deputy Commissioners, State Excise — Must facilitate the transfer process
• District-level authorities at transfer locations — Must arrange for taking charge of transferred officers

Important Notes / Conditions / Penalties

1. Immediate Effect: The order takes effect from the date of issue (09 November 2017) and implementation is to be carried out immediately and efficiently

2. No Discretion in Compliance: Officers cannot request changes or modifications to the transfer order

3. Personal Liability for Non-Compliance:

   • If transferred officers are not taken on charge and placed on involuntary waiting period with salary payment, the responsible officers shall be held liable
   • No financial loss to the State shall occur due to delays in taking on charge

4. Misconduct Provisions:

   • Any attempt (direct or indirect) to secure changes to the transfer order is misconduct under MGSR 1979, Rule 23
   • Disciplinary action (डिसिप्लिनरी कारवाई) shall be initiated against violators

5. Reporting Requirement:

   • Exact dates of relief and joining must be reported to the Government
   • This ensures transparency and accountability

6. Legal Authority:

   • Order issued under Section 4(5) of the Regulation of Transfers and Prevention of Delays in Discharge of Government Duties Act, 2005
   • Ensures that no unreasonable delays occur in administrative processes

7. No Appeal Mechanism Mentioned:

   • This order is administrative/executive in nature and does not provide for appeals or review
   • However, officers retain rights under applicable service conduct rules for any alleged violations during the transfer process

License Types Affected

None. This is an administrative/personnel order concerning the transfer of State Excise Department officers. It does NOT affect any license types, fees, regulations, or excise business operations (FL-I, FL-II, FL-III, FL-IV, CL-I, CL-II, CL-III, Toddy, Neera, etc.).

Document Status

• Published: Yes — on www.maharashtra.gov.in
• Digital Signature: Applied (डिजीटल स्वाक्षरीने साक्षांधकत)
• Validity: Permanent (unless superseded by subsequent order)
• Language: Marathi (official language of Maharashtra)

END OF ANALYSIS