MAHARASHTRA EXCISE DEPARTMENT — GOVERNMENT ORDER ANALYSIS

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

Reference Number: EST-1716/P.Cr.79/RAUSTU-1 (राउशु = State Excise, abbreviated as RAUSTU)

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

Date of Issue: 02 July 2018

Effective Date: 02 July 2018 (Date of publication)

Digital Reference Code: 201807021210376029

SUMMARY

This Government Order appoints two candidates to the position of Deputy Superintendent (Sub-Inspector), State Excise Department, Maharashtra (Group-B, Gazetted) based on the Maharashtra Public Service Commission's (MPSC) State Service Examination 2015. Both candidates have completed their CPTP-3 (Common Training Programme Phase-3) training on 30 April 2018. The appointments are made on probation subject to completion of prescribed conditions, verification of credentials, departmental examinations, language proficiency, and computer skills tests. The order details posting locations, conditions of service, pension scheme applicability, caste validity verification procedures, retirement benefits, and various mandatory conditions for the appointees.

KEY PROVISIONS

APPOINTMENT DETAILS:

• Position: Deputy Superintendent (Sub-Inspector), State Excise Department, Maharashtra
• Pay Scale: ₹9,300–34,800 with Grade Pay ₹4,400/-
• Selection Basis: Maharashtra Public Service Commission (MPSC) State Service Examination 2015
• Training Completed: CPTP-3 training completed on 30 April 2018

APPOINTED CANDIDATES:

MANDATORY CONDITIONS OF APPOINTMENT

i. Seniority Regulation:

• Seniority shall be regulated in accordance with Maharashtra Civil Service (Regulation of Seniority) Rules, 1982, and all subsequent amendments thereto.

ii. Acceptance of Posting (30-Day Limit):

• Both candidates must formally accept their appointments within 30 days from the date of this appointment order.
• If appointment is not accepted within this period, they shall forfeit seniority and their names shall be removed from the selection list without any prior notice.
• Extension of this 30-day period is permissible only on written application with sufficient reasons. Such written request must be submitted before the deadline expires.

iii. Document Verification at Posting:

• Upon joining their respective postings, candidates must present original copies of all documents submitted to the MPSC, including:
  • Birth certificate
  • Age proof
  • Educational qualifications certificate
  • Work experience certificates
  • Backward class caste certificate (यदि applicable)
  • Caste Validity Certificate (जात िैधता प्रमाणपि)
  • Non-Creamy Layer Certificate (नॉन क्रीमी लेयर प्रमाणपि) (if applicable)
  • Maharashtra State Domicile Certificate
  • Any other relevant certificates
• These original documents must be verified by the Office Head of the posting station.
• Appointment shall proceed only on verification of the authenticity of these documents.

iv. Caste Validity Certificate — Technical Conditions:

• If the caste validity certificate mentions that issuance is conditional on fulfillment of certain technical requirements, the candidate is mandatorily bound to fulfill those requirements immediately.
• Any delay in fulfilling these technical requirements shall result in cancellation of the candidate's appointment order.
• Candidates are hereby warned that failure to comply shall automatically lead to termination of appointment without any further notice.

v. Mandatory Departmental & Language Examinations:

• Candidates must pass the following examinations within prescribed timeframes:
  • Departmental examination (विभागीय परीक्षा)
  • Regional language proficiency examination (प्रादेशिक भाषा परीक्षा)
  • Computer skills examination (संगणक हाताळणी परीक्षा)
• Failure to pass these examinations within the stipulated period shall affect continuation of appointment.

vi. Probation and Dismissal (No Notice Required):

• If during the probationary period:
  • The candidate fails to achieve expected work standards, OR
  • The candidate fails the prescribed departmental examination during probation, OR
  • The candidate's character or conduct is found to be unsatisfactory or doubtful
• The government may terminate the appointment without any prior notice or warning.

vii. Resignation — One Month's Notice Required:

• If a candidate wishes to resign, they must provide the Government of Maharashtra with minimum one month's advance notice in accordance with Government Circular, General Administration Department, Reference No. NRV 1077/Bara, dated 20 May 1977.
• When the Government terminates a candidate's appointment for any reason, the Government shall also provide one month's notice to the candidate.
• Exception: If termination is for misconduct or breach of service rules, the Government is not bound to provide notice.
• These notice provisions are subject to amendments in the rules made from time to time.

viii. Pension & Retirement Benefits Scheme:

NEW DEFINED CONTRIBUTION PENSION SCHEME applies to both candidates:

• Government Decision, Finance Department, Reference No. Aniyo 1005/126/Service-4, dated 31 October 2005
• Since both candidates are appointed on or after 1 November 2005, the NEW DEFINED CONTRIBUTION PENSION SCHEME (नवीन परिभाषित अंशदान निवृत्तीवेतन योजना) shall apply.

SCHEMES NOT APPLICABLE:

• Maharashtra Civil Service (Pension) Rules, 1982 — NOT applicable
• Maharashtra Civil Service (Commutation of Pension) Rules, 1984 — NOT applicable
• General Provident Fund (General Provident Fund Scheme / सर्वसाधारण भविष्य निवाह निधी योजना) — NOT applicable

EXCEPTION — Employees Already in Permanent Government Service (Before 1 November 2005):

• If a candidate was already in permanent government service before 1 November 2005 and that service was credited toward pension, they shall continue to receive:
  • Maharashtra Civil Service (Pension) Rules, 1982, AND
  • General Provident Fund benefits
• (This exception does not apply to either of the present appointees, as both are newly appointed in 2018.)

ix. Confidential Character Report — Mandatory Submission:

• In pursuance of the MPSC's directive for pre-appointment checking of confidential records:
• If a candidate was previously employed in government service: They must submit their confidential character report to the Government within one month of this appointment order.
• If a candidate was never in government service: A confidential character report must be obtained from appropriate sources.
• The appointment is made subject to satisfactory verification of the confidential character report.
• Appointment shall remain provisional until this verification is completed.

x. Caste Certificate Validity Verification (For Reserved Category Candidates) — ONLY applies to Shri Nitesh Bhaurao Shende (SC Category):

As per Government Decision, General Administration Department, Reference No. BCC 2011/P.Cr.1064/2011/16B, dated 12 December 2011:

• Shri Nitesh Bhaurao Shende was selected under reserved seats for a specific backward class, and has NOT yet submitted a caste validity certificate before appointment.

• He is hereby appointed conditionally pending verification of his caste validity.

• Timeframe: Within 6 months from the date of this appointment order, Shri Nitesh Bhaurao Shende is mandatorily required to:

  • Obtain verification of his caste certificate's validity from the Caste Verification Committee (जात पडताळणी समिति) relevant to his scheduled caste.
  • Upon acceptance of appointment, he must immediately submit a proposal for caste validity verification to the relevant Caste Verification Committee.
  • Obtain an authenticated copy of the committee's report and submit it to the appointing authority (State Excise Commissioner).

• Timeline for Caste Committee: In compliance with High Court of Maharashtra directions, the relevant Caste Verification Committee must issue its verification report within 6 months of receiving the proposal.

• If Caste Certificate is Found Invalid:

  • The Commissioner of State Excise shall immediately present a proposal to the Government for cancellation of Shri Nitesh Bhaurao Shende's appointment order.
  • Action shall also be initiated against him in accordance with the Maharashtra Scheduled Castes, Scheduled Tribes, Denotified Tribes, Nomadic Tribes, Other Backward Classes, and Specially Backward Classes (Issuance of Caste Certificate and Regulation of Verification) Act, 2000.
  • The Commissioner of State Excise is directed to immediately inform the Government of Maharashtra of the outcome.

xi. Monogamy and Small Family Certificate:

• Each candidate shall have only one spouse at the time of appointment. Bigamy or having more than one spouse is prohibited.
• Each candidate must submit a Small Family Certificate in accordance with Government Circular, General Administration Department, Reference No. SAV-2000/P.Cr.17/2000/12, dated 01 July 2005.

xii. Self-Declaration of Caste — Within 6 Months:

• Each candidate must submit a self-declaration of caste (स्वघोषित जाति घोषणा) within 6 months from the date of appointment.

xiii. Temporary Appointment — Terminable on Character Report:

• This appointment is purely temporary in nature.
• If the character and conduct report is found unsatisfactory, the appointment may be terminated with one month's notice, without assigning any reason.

xiv. Revenue Department Transfer & Revenue Service Rules Apply:

As per Government Decision, General Administration Department, Notification Reference No. SRV-2015/P.Cr.156/Work.12, dated 28 April 2015:

• Both candidates are appointed to the State Excise Department (राज्य उत्पादन शुल्क विभाग) but are allotted to the Revenue Department (महसूल विभाग) for deputation/posting purposes.
• Both are governed by the Maharashtra Government Group-A and Group-B (Gazetted and Non-Gazetted) Direct Recruitment and Promotion to Revenue Department Posts Rules, 2015 (महसूल विभाग वाटप नियम, 2015) and all subsequent amendments.
• Allotment to Revenue Department:
  • Shri Pradeep Bhanuidas Pote → Aurangabad District (महसूली संिग)
  • Shri Nitesh Bhaurao Shende → Amravati District (महसूली संिग)
• Mandatory Tenure in Revenue Department: In accordance with the 2015 Rules, both candidates must complete a prescribed period of service in the allotted Revenue Department division before transfer to other postings.

IMPLEMENTATION & ADMINISTRATIVE INSTRUCTIONS

To the Commissioner of State Excise, Maharashtra:

1. Service Record Preparation: Prepare detailed service records for both appointees and maintain necessary records.

2. Distribution of Service Rules: Provide copies of the following to both appointees:

   • Departmental examination rules applicable to their cadre (विभागीय परीक्षा नियम)
   • Service entry rules (सेिा प्रिेश नियम)
   • All other relevant service rules and regulations

3. Posting Station Notification: Notify the respective office heads (Superintendent, State Excise, Aurangabad and Manager, Anand Distillery, Amravati) to:

   • Prepare service records for each appointee
   • Maintain all required documentation

4. Attendance & Performance Report: The Commissioner of State Excise must immediately submit to the Government:

   • Report on attendance and conduct of the appointees at their respective postings
   • Monthly/periodic performance assessments

5. In-Service Training: The Commissioner of State Excise must arrange periodic in-service training programs for both appointees as per norms and ensure their participation.

MANDATORY SUPPORTING DOCUMENTATION

All documents must be original or certified copies and verified at the posting station:

1. Birth Certificate (जन्म तारीख प्रमाणपि)
2. Age Proof (वय प्रमाणपि)
3. Educational Qualifications Certificate (शैक्षणिक अहर्ता)
4. Work Experience Certificates (अनुभिाचे प्रमाणपि)
5. Caste Validity Certificate (जात वैधता प्रमाणपि) — especially critical for SC candidate
6. Non-Creamy Layer Certificate (नॉन क्रीमी लेयर प्रमाणपि)
7. Maharashtra Domicile Certificate (महाराष्ट्र राज्याचे अधिवास प्रमाणपि)
8. Small Family Certificate (लहान कुटुंबाचे प्रमाणपि)
9. Confidential Character Report (गोपनीय अभिलेख)
10. Self-Declaration of Caste (स्वघोषित जाति घोषणा) — within 6 months

WHO IS AFFECTED

• Shri Pradeep Bhanuidas Pote, I.M. — General Category — Appointed as Deputy Superintendent, State Excise, Aurangabad
• Shri Nitesh Bhaurao Shende, A.Ja. — Scheduled Caste Category — Appointed as Deputy Superintendent, State Excise, Amravati (posted at M/s Anand Distillery)
• Aurangabad District Office — Shall process posting and service records for Appointee 1
• Amravati District Office — Shall process posting and service records for Appointee 2
• Commissioner of State Excise, Maharashtra — Implementing authority
• All Departmental Commissioners & District Officers — Shall ensure compliance with prescribed service rules and training requirements

LICENSE TYPES AFFECTED

None directly. This is a recruitment and appointment order for State Excise Department personnel. It does NOT directly affect:

• FL-I, FL-II, FL-III, FL-IV (Foreign Liquor licenses)
• CL-I, CL-II, CL-III (Country Liquor licenses)
• Toddy or Neera permits
• Manufacturing permits

However, both appointees will be responsible for regulation, inspection, and enforcement of excise laws across all license categories in their respective posted districts once they complete training and examinations.

IMPORTANT NOTES / SPECIAL CONDITIONS / PENALTIES FOR NON-COMPLIANCE

PENALTIES FOR FAILURE TO COMPLY:

IMPORTANT CLARIFICATIONS:

1. No Appeal/Review: This is a final Government Order. No appeal mechanism is mentioned. Candidates must comply strictly with all conditions.

2. Termination During Probation: The Government can terminate employment without any notice if performance, character, or examination results are unsatisfactory.

3. Caste Certificate Validity: This is a critical condition for the SC-category appointee (Shri Nitesh Bhaurao Shende). If his caste certificate is invalidated, his appointment is automatically cancelled.

4. Pension Shift: Both appointees are under the New Defined Contribution Pension Scheme, which is significantly different from the older Maharashtra Civil Service Pension Rules 1982. This affects their retirement benefits.

5. Deputation to Revenue Department: Both are technically posted to State Excise but allocated to Revenue Department divisions under deputation rules. They must complete a mandatory tenure in the Revenue Department before reassignment.

6. Notice Requirements:

   • One month advance notice is required if either appointee wishes to resign.
   • One month notice is required if the Government terminates (except for misconduct).

7. Confidentiality of Records: Submission and verification of confidential character reports must be handled confidentially by the appointing authority.

DISTRIBUTION & CIRCULATION

Copies of this order have been sent to:

1. Private Secretary to Minister/Minister of State (State Excise)
2. Principal Secretary's PA (State Excise)
3. Secretary, Maharashtra Public Service Commission
4. Commissioner, State Excise, Maharashtra
5. All Departmental Commissioners (through Commissioner, State Excise)
6. Director, Accounts and Treasury
7. District Superintendent, State Excise — Aurangabad & Amravati
8. Accountant General (Accounts & Audit/Audit) — Maharashtra (Mumbai & Nagpur)
9. District Treasury Officer — Aurangabad & Amravati
10. Principal Secretary, General Administration/Finance/Women & Child Welfare Departments
11. Both appointees themselves (Selection List — State Excise-1)

LEGAL BASIS & PRIOR REFERENCES

This order is issued in reliance on:

1. General Administration Department, Notification No. SRV 2015/P.Cr.156/Work.12, dated 28 April 2015 — Rules for direct recruitment and promotion to Group-A and Group-B (Gazetted and Non-Gazetted) Revenue Department posts.

2. General Administration Department, Notification No. SRV 2017/P.Cr.114/Work.12, dated 15 June 2017 — Amendments to the above rules.

3. General Administration Department, Letter No. TRN 0518/P.Cr.32/CPTP-B, dated 23 May 2018 — Confirmation of completion of CPTP-3 training.

4. Maharashtra Civil Service (Regulation of Seniority) Rules, 1982 — Applicable to seniority regulation.

5. Maharashtra Civil Service (Pension) Rules, 1982 — NOT applicable to these appointees.

6. Government Decision, Finance Department, No. Aniyo 1005/126/Service-4, dated 31 October 2005 — New Defined Contribution Pension Scheme applicable to government servants appointed on or after 1 November 2005.

7. Government Circular, General Administration Department, No. NRV 1077/Bara, dated 20 May 1977 — Notice requirements for resignation and termination.

8. Government Decision, General Administration Department, No. BCC 2011/P.Cr.1064/2011/16B, dated 12 December 2011 — Caste certificate validity verification procedures for reserved category appointees.

9. Government Circular, General Administration Department, No. SAV-2000/P.Cr.17/2000/12, dated 01 July 2005 — Small Family Certificate requirements.

10. Maharashtra Scheduled Castes, Scheduled Tribes, Denotified Tribes, Nomadic Tribes, Other Backward Classes, and Specially Backward Classes (Issuance of Caste Certificate and Regulation of Verification) Act, 2000 — Action against invalid caste certificates.

SIGNATURE & AUTHENTICATION

• Signed By: Shivaji Ba. Chavhan, Executive Officer, Government of Maharashtra
• Date Signed: 02 July 2018
• Digital Authentication: Digitally signed order
• Portal Reference: Maharashtra Government Website (www.maharashtra.gov.in)
• Digital Reference Code: 201807021210376029

END OF ANALYSIS