AUTHORITY & HIERARCHY

Appointing Authority:

• Government (Chief Minister) — शासन (मा. मांत्री)
• Superintendent (Group-A) is a Group-A position in State Excise Department

Designation:

• Title: Superintendent (Group-A), State Excise Department
• Grade: Group-A (गट-अ)

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ADMINISTRATIVE JURISDICTION AFFECTED

Officer: Shri B.V. Patare (श्री.बी.व्ही.पटारे)

Previous Posting: Superintendent, State Excise, Parbhani

New Posting: Superintendent, State Excise, Buldhana

Department: State Excise Department, Government of Maharashtra

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DOCUMENTS/REFERENCES CITED

1. Government Order, Home Department, EST-5015/Pr.Kr.59/RAUSHU-1, dated 14.01.2019 (Suspension Order)

2. Government Memorandum, Home Department, EST-5015/Pr.Kr.59/RAUSHU-1, dated 01.06.2018 (Disciplinary proceedings initiation)

3. Government Order, Home Department, EST-1218/Pr.Kr.133/RAUSHU-1, dated 18.12.2018 (Premature transfer)

4. Maharashtra Administrative Tribunal, Aurangabad Bench — Original Petition No. 977/2018 (Challenge to transfer order)

5. Maharashtra Civil Service (Conduct and Appeal) Rules, 1979, Rule 4(5)(a)

6. Maharashtra Civil Service (Conduct and Appeal) Rules, 1978, Rule 8 (Disciplinary proceedings)

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   DISTRIBUTION & NOTICES

   Official Copies Forwarded To:

   1. Commissioner, State Excise, Maharashtra State, Mumbai
   2. Accountant General-1 (Audit/Accounts Sanctioning), Maharashtra State, Mumbai
   3. Divisional Deputy Commissioner, State Excise, Amravati
   4. District Treasury Officer, Buldhana
   5. Concerned Officer (addressed as Commissioner, State Excise, Mumbai)
   6. File (RAUSHU-1)

   Information Copies Forwarded To:

   1. Principal Secretary to Chief Minister, Chief Minister's Office, Mumbai
   2. Private Secretary to Minister (State Excise), Minister's Office, Mumbai

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   IMPORTANT NOTES / CONDITIONS / PENALTIES

   1. Suspension Status:

   • Suspension revoked with effect from 15.06.2019
   • Officer returns to active service upon issuance of this order

   2. Pending Legal Matters — Not Terminated:

   • Criminal Case: FIR No. 125/12 remains pending in court (Bazaarpeeth Police Station, Kalyan)
   • Disciplinary Action: Disciplinary proceedings under Rule 8, Maharashtra Civil Service Rules, 1978, remain pending and active
   • Administrative Tribunal Petition: Original Petition No. 977/2018 at Maharashtra Administrative Tribunal, Aurangabad, remains pending
   • Reinstatement is conditional and subject to outcome of all three proceedings

   3. No Discharge from Original Posting:

   • Shri Patare had NOT been formally discharged from his Superintendent, Parbhani position due to the pending Administrative Tribunal petition
   • The tribunal's judgment in O.P. No. 977/2018 now governs his placement

   4. Acceptance of New Posting:

   • The officer must accept posting to Buldhana (Superintendent, State Excise, Buldhana)
   • Posting is in accordance with tribunal judgment and does not constitute a fresh transfer

   5. Digital Signature Certification:

   • Order authenticated by digital signature
   • Reference Code (Sanketasthal): 201906151520415429
   • Available on official portal: www.maharashtra.gov.in

   6. Non-Applicability of Regular Transfer Rules:

   • This reinstatement is NOT a routine administrative posting
   • It follows from court proceedings and tribunal judgment
   • Officer remains under scrutiny pending disciplinary inquiry completion

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   LEGAL IMPLICATIONS FOR EXCISE DEPARTMENT

   Scope of Authority:

   • State Excise Commissioner and Superintendent positions remain accountable under Maharashtra Civil Service (Conduct and Appeal) Rules, 1978-1979
   • Disciplinary action authority vests in the Home Department (via State Excise Commissioner)
   • All administrative actions by senior excise officers remain subject to judicial/tribunal review

   No Relief Granted:

   • No waiver of disciplinary proceedings
   • No quashing of criminal investigation
   • No monetary relief or salary recovery during suspension mentioned in this order
   • Reinstatement does not imply innocence — purely administrative restoration

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   DOCUMENT AUTHENTICATION

   Signed By: P.H. Vagde, Joint Secretary, Government of Maharashtra

   On Behalf Of: Governor of Maharashtra

   Date: 15 June 2019

   Portal Reference: EST-0119/Pr.Kr.07/RAUSHU-1 | Digital Code: 201906151520415429

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   END OF ANALYSIS