MAHARASHTRA EXCISE DEPARTMENT — OFFICIAL DOCUMENT ANALYSIS

Document Type: Government Order (Administrative Restoration Order)

Reference Number: EST-5015/Pr.Kr.35/RAUSU-1, dated 13 August 2018

Issued By: Government of Maharashtra, Home Department (through Joint Secretary P. H. Vagde)

Effective Date: 13 August 2018 (date of issue)

Summary: This Government Order reinstates Shri. Rajendra Pirsat, Inspector (Group-B), State Excise Department, to Government service after suspension of more than one year. The reinstatement follows a Suspension Review Committee recommendation dated 25 June 2018. The officer had been suspended on two separate occasions (2 March 2015 and 16 February 2017) due to criminal charges under the Indian Penal Code and the Prevention of Corruption Act, 1988. Upon reinstatement, he is posted as Inspector, RAUSU, at M/s Associated Blends Pvt. Ltd., Pune, and remains subject to all pending court proceedings and departmental inquiries.

KEY PROVISIONS:

Background — Criminal Charges & Suspensions:

1. First Suspension (2 March 2015):

   • FIR No. I-21/2015 registered at Coorg Police Station, Thane, on 30 January 2015
   • Charges: IPC Section 354-A(1), (1), (4)
   • Order dated 2 March 2015: Suspended from Government service
   • Additionally, FIR No. II-14/2015 registered at Shrinagar Police Station, Thane City, on 3 March 2015
   • Charges: Prevention of Corruption Act, 1988, Sections 12, 13(1)(d), 13(2), and IPC Section 214
   • Officer was posted as Inspector, RAUSU, M/s Associated Blends Pvt. Ltd., Pune (2 July 2016 order) but did not report for duty

2. Second Suspension (16 February 2017):

   • FIR No. 310/2016 registered at Raibale Police Station, Navi Mumbai, on 2 September 2016
   • Charges: IPC Section 109 with Prevention of Corruption Act, 1988, Sections 13(1)(e), 13(2)
   • Order dated 16 February 2017: Suspended from Government service

3. Departmental Inquiry:

   • Departmental inquiry conducted as per memorandum dated 7 April 2018

Reinstatement Decision:

4. Suspension Review Committee (SRC) Action:

   • SRC constituted under Government Resolution dated 23 March 2015
   • SRC reviewed suspension on 25 June 2018
   • SRC recommended reinstatement

5. Legal Authority for Reinstatement:

   • Order issued under Maharashtra Civil Service (Dismissal and Appeal) Rules, 1979, Rule 4(5)(a)
   • SRC recommendation forms basis for reinstatement

6. Conditions of Reinstatement:

   • Reinstatement is conditional and subject to:
     • All pending court proceedings against the officer
     • All pending departmental inquiries
   • Officer does NOT receive any relief from these legal/administrative proceedings

Posting After Reinstatement:

7. New Position: Inspector, RAUSU, M/s Associated Blends Pvt. Ltd., Pune (same position as previously offered in 2016)

Circulation & Distribution:

8. Official Copies to be sent to:

   • Commissioner, State Excise, Maharashtra, Mumbai
   • Accountant General-1 (Audit/Accounts), Maharashtra, Mumbai/Nagpur
   • Related Divisional Deputy Commissioner, State Excise
   • District Treasury Officer, Thane/Pune
   • Superintendent, State Excise, Thane/Pune
   • Related Officer (forwarded by Commissioner, RAUSU, Mumbai)
   • Record (RAUSU-1)

9. Information Copies to:

   • Principal Secretary to Chief Minister, Mantralaya, Mumbai
   • Private Secretary to Minister of State (Excise), Mantralaya, Mumbai
   • Senior Personal Assistant to Principal Secretary (Excise), Mantralaya, Mumbai

WHO IS AFFECTED:

• Shri. Rajendra Pirsat, Inspector (Group-B), State Excise Department, Maharashtra
• This order does NOT affect any license categories, license holders, or excise businesses
• This is a personnel/administrative order, not a policy or licensing order

IMPORTANT NOTES / CONDITIONS / PENALTIES:

Critical Conditions:

1. Reinstatement is NOT Exoneration:

   • The officer is restored to service, but does not receive acquittal from any criminal or departmental charges
   • All criminal proceedings in court remain active and ongoing
   • All departmental inquiries remain active and ongoing

2. No Back Salary or Relief:

   • The order is silent on whether back salary or other relief is granted (standard procedure under Maharashtra Civil Service Rules would require separate clarification)

3. Previous Orders Referenced:

   • Order dated 2 March 2015 (EST-5015/Pr.Kr.35/RAUSU-1) — original suspension
   • Order dated 2 July 2016 (EST-5016/Pr.Kr.83(2)/RAUSU-1) — posting while suspended
   • Order dated 16 February 2017 (EST-5015/Pr.Kr.35/RAUSU-1) — second suspension
   • Memorandum dated 7 April 2018 (EST-5015/Pr.Kr.35/RAUSU-1) — departmental inquiry authorization
   • Government Resolution dated 23 March 2015 (Abhiyog-1314/Pr.Kr.86/11-a) — SRC constitution

4. Digital Signature & Authentication:

   • Order digitally signed by P. H. Vagde, Joint Secretary, Government of Maharashtra
   • Portal Reference ID: 201808141139155229
   • Available on www.maharashtra.gov.in

5. No Excise License or Policy Changes:

   • This order contains no changes to:
     • Foreign Liquor Rules 1953
     • Country Liquor Rules 1973
     • Fee schedules
     • License application procedures
     • Eligibility criteria for any license category

LEGAL RELEVANCE TO EXCISE OPERATIONS:

Does NOT affect:

• FL-I, FL-II, FL-III, FL-IV license issuance
• CL-I, CL-II, CL-III license issuance
• Toddy, Neera, or manufacturing permits
• Any fee structures
• License holder obligations or rights

Affects:

• Internal personnel administration of State Excise Department only
• Posting of one inspector-level officer

END OF ANALYSIS