MAHARASHTRA EXCISE DEPARTMENT — GOVERNMENT ORDER ANALYSIS

Document Type: Government Order (शासन आदेश) — Appointment Order

Reference Number: शासन आदेश क्रमांकः इएसटी-1716/ प्र. क्र.79/ राउशु-1

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

Date of Issue: 15 June 2018

Effective Date: From date of publication (15 June 2018)

Digital Signature Reference: 201806151222097029

SUMMARY

This is a Government Order for Temporary Appointment to the position of Superintendent (Superintendent, State Excise — राज्य उत्पादन शुल्क), Group 'A' (Gazetted) in the State Excise Department of Maharashtra. The Order appoints Shri Atul Kanade (Initials: इ.मा.ि.) based on the Maharashtra Public Service Commission's recommendation following the State Service Examination-2015. The appointment is temporary (on probation) for a period of 2 years and is subject to completion of CPTP-3 (third phase foundational training), which was completed on 30 April 2018. The appointee is posted to Amravati Excise Superintendent office (अमरावती अधीक्षक, राउशु) and is assigned Seniority No. 1 among Superintendents under CPTP-3. The appointment is contingent on numerous conditions including caste certificate validation, character verification, passing departmental examinations, and adherence to service regulations.

KEY PROVISIONS

APPOINTMENT DETAILS:

• Appointed Officer: Shri Atul Kanade (इ.मा.ि.)
• Position: Superintendent (अधीक्षक), State Excise (राउशु), Group 'A' (Gazetted) (राजपवित)
• Pay Scale: 15600–39100 with Grade Pay ₹5,400/-
• Category: Open (खुला)
• Commission Merit No.: 1
• Seniority No. (Under CPTP-3): 1
• Posted to: Amravati Excise Superintendent Office (अमरावती अधीक्षक, राउशु, िावशम)
• Date of Posting: As per appointment order
• Training Status: CPTP-3 (third phase foundational training) completed on 30 April 2018

PROBATION AND TENURE:

• Probation Period: 2 years (2 वर्षाचा पवरविक्षाधीन काळ)
• Probation Stipulation: Must satisfactorily complete the entire probation period
• Status: Temporary/Probationary appointment (तात्पुरती वनयुक्ती)
• Appointment is subject to: Compliance with all prescribed conditions and rules

CRITICAL ACCEPTANCE AND JOINING CONDITIONS:

(i) Seniority Regulation (Rule 9(43) of Maharashtra Civil Service (General Conditions of Service) Rules 1981):

• Seniority will be governed by the Maharashtra Civil Service (Regulation of Seniority) Rules 1982 and all subsequent amendments thereto.

(ii) Acceptance of Appointment (MANDATORY — 30-Day Deadline):

• Appointee MUST accept appointment in writing within 30 days from the date of the appointment order.
• Consequence of Non-Acceptance:
  • If appointment is not accepted within 30 days, the appointee shall NOT be granted seniority.
  • Name shall be removed from the selected list without any prior notice by the Department or Maharashtra Public Service Commission.
• Extension: If extension of deadline is necessary due to unavoidable circumstances, written application with reasons must be submitted within the 30-day period. Extension is NOT automatic.

(iii) Production of Original Certificates at Posting:

At the time of joining (पदस्थापनेच्या पदािर), appointee MUST submit all original certificates that were attached with the application to MPSC, including (but not limited to):

• Certificate of Birth (जन्म तारीख)
• Age Proof (वय)
• Educational Qualifications Certificate (शैक्षवणक अहगता)
• Experience Certificate (अनुभिाचे प्रमाणपि)
• Caste Certificate (मागासिगीय जातीचे प्रमाणपि)
• Caste Validity Certificate (जात िैधता प्रमाणपि)
• Non-Creamy Layer Certificate (नकनक्रीमीलेयर प्रमाणपि)
• Maharashtra State Residence Certificate (महाराष्ट्र राज्याचे अवधिास प्रमाणपि)

All original certificates must be submitted to the office head for verification. The appointee shall be allowed to join only after validation of certificates.

(iv) Caste Certificate Technical Defects — MANDATORY CLEARANCE:

If the caste validity certificate mentions that technical defects need to be rectified and the certificate has been issued provisionally (वैधता प्रमाणपि वदल्याबाबतचा उल्लेख), then:

• Appointee is BOUND to immediately rectify technical defects.
• Any delay in rectification will result in cancellation of the appointment to this position, and the appointee shall have no recourse.
• Appointee acknowledges this in writing.

(v) Mandatory Passing of Departmental Examinations:

Appointee MUST pass the following examinations within the prescribed time limits as per Service Entry Rules:

• Departmental Examination (विभागीय पवरक्षा)
• Regional Language Examination (प्रादेवशक भार्षा पवरक्षा)
• Computer Handling Examination (संगणक हाताळणी पवरक्षा)

Failure to pass any examination will result in removal from service.

(vi) Performance During Probation — DISMISSAL CLAUSE:

If, during probation, the appointee:

• Fails to attain the expected standard of work, OR
• Fails to pass prescribed departmental examination during probation period, OR
• Shows unsatisfactory or questionable conduct (ितगणुक अयोग्य, संशयास्पद)

Then the appointee may be REMOVED FROM SERVICE WITHOUT NOTICE.

(vii) Resignation and Service Termination (1-Month Notice Rule):

• If appointee wishes to resign, minimum 1 month advance notice must be given to the Government as per Government Circular, General Administration Department Ref. NRV 1077/बारा, dated 20 May 1977.
• Similarly, if Government wishes to terminate appointment, minimum 1 month advance notice shall be given to the appointee.
• Exception: In case of misconduct or breach of service rules, Government is NOT bound to give advance notice before termination.
• These notice rules are subject to future amendments to service regulations.

(viii) Pension and Retirement Benefits:

As per Government Decision, Finance Department Ref. अवनयो 1005/126/सेिा-4, dated 31 October 2005:

• New Defined Contribution Pension Scheme applies to all officers/employees appointed on or after 1 November 2005 to Government service.

• NOT applicable to this appointee:

  • Old Pension Scheme (महाराष्ट्र नागरी सेिा (वनिृत्तीिेतन) वनयम 1982)
  • Commuted Pension Rules (महाराष्ट्र नागरी सेिा (वनिृत्तीिेतनाचे अंशराशीकरण) वनयम 1984)
  • General Provident Fund Scheme (सिगसाधारण भविष्ट्य वनिाह वनधी योजना)

• Exception: Officers already in Government service before 1 November 2005 and on pension-bearing posts remain under old pension rules and General Provident Fund scheme, subject to conditions specified in Finance Department circular Ref. अवनयो-1006/87/सेिा, dated 12 January 2007.

(ix) Confidential Record Verification (सेिा प्रिेश पूिी):

• As per MPSC directive, all officers already in Government service MUST immediately submit their confidential records to the Government.
• Officers from other Government departments MUST submit confidential records within 1 month.
• This appointment is granted subject to satisfactory verification of confidential records.

(x) Caste Validity Verification for Reserved Candidates (6-Month Deadline):

As per Government Decision, General Administration Department Ref. BCC 2011/प्र.क्र.1064/2011/16ब, dated 12 December 2011:

This section applies only if the appointee was selected on a reserved seat for a specific backward class and did NOT submit a caste certificate BEFORE appointment.

• Appointee is granted temporary appointment subject to caste validity verification.

• Within 6 months from the date of appointment order, appointee is BOUND to get caste certificate validated from the Caste Verification Committee (जात पडताळणी सवमती).

• Process:

  • Appointee must submit caste verification application to the Caste Verification Committee immediately upon acceptance of appointment.
  • Applicant must obtain the committee's verification report and submit an authenticated copy to the appointing authority.
  • The Caste Verification Committee MUST issue its verification decision within 6 months (as per High Court directive).

• Consequences if Caste Certificate is Declared INVALID:

  • Caste Verification Committee shall immediately recommend to the Government cancellation of the appointment order.
  • The Government shall initiate action against the appointee under the "Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes, Nomadic Tribes, Other Backward Classes and Special Backward Classes (Regulation of Issue of Caste Certificate and its Verification) Act, 2000" for fraudulent claim of caste status.
  • The Commissioner, State Excise, shall be notified of such action.

• Appointee's Obligation: Submit caste verification application immediately upon joining.

(xi) Monogamy Clause (One Spouse Rule):

• Appointee MUST NOT marry a second time while the first spouse is alive.
• Appointee MUST submit a "Small Family Certificate" (लहान कु टुंबाचे प्रमाणपि) as per Government Circular, General Administration Department Ref. SV-2000/प्र.क्र.17/2000/12, dated 1 July 2005.

(xii) Self-Declaration (Declaration of Caste/Tribe Within 6 Months):

• Appointee MUST file a written self-declaration (स्िग्राम घोर्षणा) regarding caste/tribe status within 6 months from the date of appointment.

(xiii) Temporary Nature of Appointment — Character Verification Clause:

• This appointment is PURELY TEMPORARY (वनव्िळ तात्पुरत्या स्ि​रूपाची).
• If character verification and antecedent verification report is unsatisfactory (चावरत्र्य ि पूिगचावरत्र्य पाडताळणीचा अहिाल असमाधानकारक), then:
  • Appointment MAY be terminated with 1 month's notice, WITHOUT assigning any reason.

(xiv) Departmental Seniority and Transfer Rules:

As per Government Decision, General Administration Department Notification Ref. SRV 2015/प्र.क्र.156/काया.12, dated 28 April 2015:

• For direct recruitment appointees (सरळसेिेने वनयुक्त उमेदिार), the following rules apply for promotion to Group 'A' and Group 'B' posts (Gazetted and Non-Gazetted):
  • Departmental Structure and Seniority Rules, 2010 (विभागीय संिगग संरचना ि विभागीय संिगग िाटप याबाबत वनयमािली, 2010) apply.
  • All amendments to these rules are also applicable.
  • Appointee is posted to the Revenue Department designated against his name with prior approval of competent authority of the Revenue Department (महसूली विभागाचे सक्षम प्रावधकाऱ्यांच्या पूिगमान्यतेने).
  • As per these rules, direct recruitment appointees MUST complete a prescribed period of service in the Revenue Department before eligibility for promotion.

REFERENCES TO SERVICE REGULATIONS (CITED IN ORDER):

1. Maharashtra Civil Service (General Conditions of Service) Rules 1981 — Rule 9(43) — Definition of "Probationer"
2. Maharashtra Civil Service (Regulation of Seniority) Rules 1982 — Seniority determination
3. General Administration Department Notification Ref. SRV 2015/प्र.क्र.156/काया.12, dated 28 April 2015 — General conditions for all recruits
4. General Administration Department Notification Ref. SRV 2017/प्र.क्र.114/काया.12, dated 15 June 2017 — Referenced but not detailed
5. General Administration Department Letter Ref. TRN2018/प्र.क्र.25/CPTP-1, dated 4 May 2018 — CPTP-3 Training completion
6. Government Circular, General Administration Department Ref. NRV 1077/बारा, dated 20 May 1977 — Notice for resignation/termination
7. Government Decision, Finance Department Ref. अवनयो 1005/126/सेिा-4, dated 31 October 2005 — New Pension Scheme for posts filled after 1 November 2005
8. Finance Department Circular Ref. अवनयो-1006/87/सेिा, dated 12 January 2007 — Exemption rules for pre-2005 appointees
9. Government Decision, General Administration Department Ref. BCC 2011/प्र.क्र.1064/2011/16ब, dated 12 December 2011 — Caste certificate validation for reserved candidates
10. Government Circular, General Administration Department Ref. SV-2000/प्र.क्र.17/2000/12, dated 1 July 2005 — Small Family Certificate requirement
11. Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes, Nomadic Tribes, Other Backward Classes and Special Backward Classes (Regulation of Issue of Caste Certificate and its Verification) Act, 2000 — Legal basis for caste verification action
12. Departmental Structure and Seniority Rules, 2010 (विभागीय संिगग संरचना ि विभागीय संिगग िाटप याबाबत वनयमािली, 2010) — Rules for direct recruit promotions
13. Maharashtra Public Service Commission (MPSC) recommendation based on State Service Examination-2015 results

MANDATORY ACTIONS REQUIRED BY APPOINTEE

APPOINTMENTS GRANTED (TABLE)

WHO IS AFFECTED

• Direct Appointee: Shri Atul Kanade — appointed as Superintendent (Superintendent, State Excise), Group 'A' (Gazetted)
• Excise License Categories Affected: This is an administrative/personnel appointment, not a license regulation. This order does not directly regulate FL-I, FL-II, FL-III, FL-IV, CL-I, CL-II, CL-III, Toddy, Neera, or manufacturing permits.
• Institutional Affected:
  • State Excise Department, Maharashtra
  • Amravati Excise Office
  • Maharashtra Public Service Commission
  • Revenue Department (for seniority tracking)
  • All Departmental Commissioners/Directors under Excise Department

IMPORTANT NOTES / CONDITIONS / PENALTIES

MANDATORY CONDITIONS (CONDITIONS PRECEDENT):

1. Acceptance within 30 days is NOT OPTIONAL — failure results in permanent removal from selection list.
2. Caste certificate validation (if on reserved seat) within 6 months is BINDING — no extension possible; delay = cancellation.
3. Temporary appointment can be terminated with 1-month notice without assigning any reason (if character verification is unsatisfactory).
4. Appointment is contingent on satisfactory confidential records verification — if records are adverse, appointment may be cancelled.
5. No appeal or representation is allowed against dismissal during probation.
6. All service examinations must be passed — failure = removal from service.
7. Monogamy clause is mandatory — violation is ground for dismissal.
8. Small Family Certificate is mandatory — non-submission is breach of condition.

PENALTIES FOR NON-COMPLIANCE:

APPEALS AND REPRESENTATIONS:

• No representation or appeal is allowed against dismissal during probation period (Rule 9(43), Maharashtra Civil Service Rules 1981).
• Caste certificate declared invalid → legal action under Maharashtra Caste Verification Act 2000.

SPECIAL CONDITIONS:

1. Transfer/Posting: Appointee can be transferred to any office within State Excise Department as per Departmental Structure Rules 2010.
2. Training: Appointee must participate in all in-service training programs as directed by Commissioner, State Excise.
3. Seniority: Determined as per Maharashtra Civil Service (Regulation of Seniority) Rules 1982.
4. Promotion: Eligible for promotion only after completing prescribed service in Revenue Department allocation (as per Departmental Structure Rules 2010).
5. Service Records: Office head must maintain detailed service record including attendance, conduct, and work performance.

DISTRIBUTION/COPY RECIPIENTS

1. Personal Secretary to Minister (State Excise) / Minister of State (State Excise)
2. Personal Secretary to Principal Secretary (State Excise)
3. Secretary, Maharashtra Public Service Commission, Mumbai
4. Commissioner, State Excise, Maharashtra
5. All Regional Commissioners, State Excise (through Commissioner)
6. Director, Accounts and Treasury, Mumbai
7. District Superintendent, State Excise, Yavatmal
8. Accountant General (Accounts and Audit Branches) 1/2, Maharashtra, Mumbai/Nagpur
9. District Treasury Officer, Yavatmal (through Commissioner)
10. Principal Secretary, General Administration Department / Finance Department / Women and Child Welfare / SAW Ministry, Mumbai
11. Shri Atul Kanade (the appointed officer) and Selection List — State Excise-1

DOCUMENT AUTHORITY & SIGNATURES

• Signed by: Shivaji B. Chavan — Chamber Officer (कक्ष अवधकारी), Government of Maharashtra
• Authority: By order and on behalf of the Governor of Maharashtra
• Digital Signature Certificate No.: 201806151222097029
• Availability: Published on official Government of Maharashtra portal www.maharashtra.gov.in
• Date of Issue: 15 June 2018

CRITICAL TIMELINE SUMMARY

EXCISE LAW CONTEXT

This order does NOT directly amend or regulate:

• Bombay Prohibition Act 1949 (BPA)
• Bombay Foreign Liquor Rules 1953 (BFLR)
• Maharashtra Country Liquor Rules 1973 (MCLR)
• License fee schedules
• License application procedures
• License categories (FL-I through FL-IV, CL-I through CL-III, Toddy, Neera, etc.)

This is a Personnel/Administrative Order affecting the officer cadre of the State Excise Department. However, the appointed Superintendent will exercise powers under the above Acts and Rules in his official capacity.

END OF ANALYSIS