MAHARASHTRA EXCISE DEPARTMENT — GOVERNMENT ORDER ANALYSIS

Document Type: Government Order (शासन आदेश) — Administrative Personnel Action

Reference Number: EST-0119/Pr.Kr.07/RAUSHU-1

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

Date of Order: 15 June 2019 (पदनाांक: 15 जून, 2019)

Effective Date: 15 June 2019 (Date of publication)

SUMMARY

This Government Order reinstates Shri B.V. Patare, Superintendent (Group-A), State Excise Department, to active service after a period of suspension. The order addresses criminal proceedings initiated against him in connection with FIR No. 125/12 filed at Bazaarpeeth Police Station, Kalyan, and places his reinstatement subject to pending disciplinary action and court proceedings. The order further directs his posting to the position of Superintendent, State Excise, Buldhana district.

KEY PROVISIONS

Criminal Case Background:

• FIR No. 125/12 filed at Bazaarpeeth Police Station, Kalyan
• Charges under Indian Penal Code Sections 420, 406, 415, 467, 471, and 34
• Chargesheet filed on 29.05.2015 (पद.29.05.2015)
• Case status: Pending in court (न्यायप्रविष्ट)
• Accused party: Shri B.V. Patare (then Deputy Superintendent, Group-B, State Excise)

Administrative Action Taken:

1. Suspension Order: Shri B.V. Patare was suspended on 14.01.2019 vide Government Order (Reference No. 1) — cited as EST-5015/Pr.Kr.59/RAUSHU-1, dated 14.01.2019

2. Disciplinary Proceedings: Initiated under Maharashtra Civil Service (Conduct and Appeal) Rules, 1978, Rule 8 (Disciplinary Action) — vide Government Memorandum (Reference No. 2) dated 01.06.2018

3. Premature Transfer: Prior to suspension, Shri Patare requested premature transfer. Order dated 18.12.2018 (Reference No. 3) — cited as EST-1218/Pr.Kr.133/RAUSHU-1 — transferred him from:

   • From: Superintendent, State Excise, Parbhani
   • To: Superintendent, State Excise, Ahmednagar

4. Administrative Tribunal Challenge: Original writ petition No. 977/2018 filed at Maharashtra Administrative Tribunal, Aurangabad Bench challenging the premature transfer order — status: Pending (न्यायप्रलंबित)

REINSTATEMENT ORDER (Section 2-3)

Authority for Reinstatement:

• Powers granted under Maharashtra Civil Service (Conduct and Appeal) Rules, 1979, Rule 4(5)(a)
• Issued with concurrence of competent authorities (सक्षम प्राधिकारीयांच्या मान्यतेने)

Conditions of Reinstatement:

• Suspension is hereby revoked and the officer is reinstated to active service
• Reinstatement subject to: All pending disciplinary action and court proceedings (सु...असलेल्या न्यायिक तसेच शिस्तभंगविषयक कारवाईच्या अधीन)

New Posting Order:

• Position: Superintendent, State Excise (अधीक्षक, राऊशु)
• Location: Buldhana District (बुलढाणा)
• Basis for Posting: In accordance with judgment of Maharashtra Administrative Tribunal, Aurangabad Bench in Original Petition No. 977/2018

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)

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

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)

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

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

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

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

END OF ANALYSIS