MAHARASHTRA EXCISE DEPARTMENT — ADMINISTRATIVE ORDER ANALYSIS

Document Type: Government Resolution (Administrative Transfer Order)

Reference Number: EST-1218/Pr.Cr.35/RAUSU-1, Government of Maharashtra, Home Department

Issued By: Government of Maharashtra, Home Department (on the orders and in the name of the Governor of Maharashtra)

Date of Issue: 25 June 2018

Effective Date: Immediate (तात्काळ अंमलात)

SUMMARY

This is an administrative transfer order issued by the Government of Maharashtra Home Department pertaining to the premature/unscheduled transfer of an officer of the Superintendent rank in the State Excise (Group-A) cadre. The order directs the transfer of Shri S.C. Manpilya, currently Superintendent, State Excise, Bhandara, to the position of Superintendent, State Excise, Yavatmal. The order is issued in accordance with the Maharashtra Civil Services (Conduct) Rules 1979 and the Maharashtra Government Employees Transfer Regulation and Prevention of Delays in Discharge of Government Duties Act 2005. The order mandates immediate implementation and imposes strict compliance requirements on the Commissioner of State Excise regarding the relieving and joining procedures.

KEY PROVISIONS

Administrative Transfer Details:

• Officer Name: Shri S.C. Manpilya
• Current Position: Superintendent, State Excise (RAUSU), Bhandara
• New Position: Superintendent, State Excise (RAUSU), Yavatmal
• Nature of Transfer: Administrative transfer on permanent basis (शेरा — permanent)
• Transfer Justification: Administrative reasons
• Authority: Competent authority (सक्षम प्राधधकारी) pre-approval obtained

Implementation Requirements:

1. Immediate Effect: The order comes into force immediately upon issuance.

2. Officer's Responsibility: The transferred officer must immediately assume charge (कायवभार) of the new position upon transfer.

3. Commissioner of State Excise (RAUSU) Mandatory Actions:

   a) Relieving Procedure:

   • Upon receipt of the transfer order, the transferred officer must be relieved (कायवमुक्त) from the current post immediately.
   • The officer must be released from current duties immediately upon applying for relief from the current position.
   • The officer shall be relieved without unnecessary delay (विनाधवलंब).

   Accountability Clause: If the relieving officer is not taken on charge at the new posting due to failure to relieve from the current position, and if a situation arises wherein the officer has to be kept on forced awaiting orders (compulsory waiting period) without work, payment of salary and allowances becomes necessary, the concerned officers responsible for the delay shall be held accountable.

   b) Status Reporting:

   • The Commissioner must immediately inform the Government regarding:
     • The exact date on which the transferred officer was relieved (कायवमुक्त) from the current position.
     • The exact date on which the transferred officer reported to (and was taken on charge at) the new posting position.

4. Compliance with Statutory Framework: This order is issued in accordance with:

   • Maharashtra Government Employees Transfer Regulation and Prevention of Delays in Discharge of Government Duties Act, 2005
   • Pre-approval of competent authorities obtained in accordance with statutory requirements

LEGAL SAFEGUARDS AND PENALTIES

Clause 4 — Prohibition of Pressure/Coercion:

• Any officer (direct or indirect) who attempts to exert pressure or influence to modify this transfer order shall be considered to have violated Rule 23 of the Maharashtra Civil Services (Conduct) Rules, 1979.
• Such violation shall constitute misconduct (गैरवतवणूक).
• Disciplinary action (शिस्तभंगविषयक कारवाई) shall be initiated against the concerned officer(s).

DISTRIBUTION / CIRCULATION

The order has been distributed to the following authorities:

1. Commissioner, State Excise (RAUSU), Maharashtra State, Mumbai — Primary implementing authority
2. Accountant General-1/2 (Audit/Accounts and Appropriation branches), Maharashtra State, Mumbai/Nagpur
3. Divisional Deputy Commissioner, State Excise, Nagpur (through Commissioner, RAUSU, Maharashtra State, Mumbai)
4. Grant and Accounts Officer, Mumbai
5. Concerned District Treasury Officer
6. Concerned Superintendent, State Excise (through Commissioner, State Excise, Maharashtra State, Mumbai)
7. Administrative Officers, RAUSU-2 and RAUSU-3, Home Department, Ministry, Mumbai
8. Records Section (RAUSU-1)

OFFICIAL PUBLICATION AND DIGITAL AUTHENTICATION

• Portal Reference: GR Portal ID 1414
• Website Publication: Order made available on www.maharashtra.gov.in
• Document Code: 201806251616525329
• Authentication: Digitally signed (डिजीटल स्वाक्षरीने साक्षांधकत)
• Signed By: Pu. Hi. Vagde, Additional Secretary, Government of Maharashtra

IMPORTANT NOTES / CRITICAL COMPLIANCE POINTS

EXCISE-RELATED IMPACT

Affected Entity: State Excise Department (RAUSU)

License Types Not Directly Affected: This is a personnel/administrative transfer order and does not directly modify any:

• License fee schedules
• License application procedures
• License types (FL-I, FL-II, FL-III, FL-IV, CL-I, CL-II, CL-III, Toddy, Neera, Manufacturing Permits)
• Excise rules or regulations

Administrative Impact: The transfer ensures continuity of administrative supervision of State Excise operations in Yavatmal district by deploying a Superintendent-rank officer.

STATUTORY REFERENCES

1. Maharashtra Government Employees Transfer Regulation and Prevention of Delays in Discharge of Government Duties Act, 2005 — Statutory framework under which order is issued
2. Maharashtra Civil Services (Conduct) Rules, 1979 — Rule 23 — Regulates official conduct; violation by exerting pressure on transfer order constitutes misconduct
3. Prior Home Department Order: EST-2714/Pr.Cr.244/RAUSU-1, dated 10 March 2016 (referenced in background)
4. Commissioner's Letter: EST 112017/2-A-1, dated 2 February 2018 (referenced in background)

CHECKLIST FOR IMPLEMENTING AUTHORITIES

Commissioner, State Excise (RAUSU) must:

• Relieve Shri S.C. Manpilya from Bhandara posting immediately upon order receipt
• Communicate relieving date to the transferred officer
• Take the officer on charge at Yavatmal posting without delay
• Record the exact joining date at the new posting
• Submit status report to Government immediately with both relieving and joining dates
• Maintain accountability records to ensure no forced awaiting orders period
• Ensure all concerned officers are aware of Rule 23 disciplinary provisions
• Copy this order to District Treasury Officers and relevant Superintendents

END OF ANALYSIS