MAHARASHTRA EXCISE OFFICIAL DOCUMENT ANALYSIS

Document Type: Government Resolution (शासन आदेश) — Administrative Transfer Order

Reference Number: EST-1219/Pr.Cr.36/RAUSHU-1

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

Date of Issue: 31 May 2019

Portal ID: 1449

Digital Reference Code: 201905311519598429

Effective Date: Immediate (तात्काळ अंमलात येतील) — from date of order

SUMMARY

This Government Resolution transfers two Deputy Commissioners (सह आयुक्त) of the Maharashtra State Excise Department to new postings under Rule 4(4) of the Prohibition of Delays in Conducting Official Business of Government Employees (Regulation) Act, 2005. The order mandates immediate assumption of duties at new postings and holds officials personally accountable for any administrative delays or procedural breaches. Non-compliance with the order or any attempt to influence the transfer decision constitutes a violation of Maharashtra Civil Service (Conduct) Rules, 1979 and may result in disciplinary action.

KEY PROVISIONS

Transfer Details (Administrative Changes):

Mandatory Compliance Requirements:

• Immediate Assumption of Duty: Transferred officials must immediately accept and assume duties at their new postings (बदली नंतरच्या पदस्थापनेचा कायवभार तात्काळ स्वीकारावा).

• Release from Current Position: Officials must be immediately released from their existing positions upon completion of formalities. Any official not released within the stipulated period shall be held personally responsible.

• Duty Documentation: The exact date of release from current posting and the exact date of reporting to new posting must be communicated to the Government without delay.

• Execution of Order: The Commissioner of State Excise (आयुक्त, राज्य उत्पादन शुल्क) is directed to ensure immediate and efficient implementation of this order.

LEGAL BASIS & AUTHORITY

Statutory Authority:

• Prohibition of Delays in Conducting Official Business of Government Employees (Regulation) Act, 2005 — Rule 4(4) (महाराष्ट्र शासकीय कर्मचाऱ्यांच्या बदल्यांचे विनियमन आणि शासकीय कतव्ये पार पाडताना होणाऱ्या विलंबास प्रतिबंध अधिनियम, 2005)

• Maharashtra Civil Service (Conduct) Rules, 1979 — Rule 23 (महाराष्ट्र नागरी सेवा (वर्तनूक) नियम, 1979)

PROHIBITED CONDUCT & DISCIPLINARY PROVISIONS

Violation of Order:

• Any official (transferred or otherwise) attempting directly or indirectly to influence, pressure, or seek modification of this transfer order commits a violation of Maharashtra Civil Service (Conduct) Rules, 1979, Rule 23.

Consequences:

• Such conduct shall be deemed misconduct (गैरवर्तनूक).
• Disciplinary action (शिस्तभंगविषयक कारवाई) shall be initiated against the offending official.
• The Government may initiate proceedings under disciplinary rules.

Accountability for Delays:

• If any transferred official is not released from their current position, and compelled waiting period wages and allowances become payable due to administrative failure, the responsible official(s) shall be held personally accountable (जबाबदार धरण्यात येईल).

DISTRIBUTION & IMPLEMENTATION

Copies Issued To:

1. Commissioner, State Excise Department, Maharashtra State, Mumbai
2. Private Secretary to the Minister (State Excise), Ministry, Mumbai
3. Chief Secretary, State Excise Department — Personal Assistant
4. Accountant General (Audit/Accounts & Entitlements), Maharashtra State, Mumbai
5. Budget & Accounts Officer, Mumbai
6. Concerned Officers — through Commissioner of State Excise, Maharashtra State, Mumbai
7. Executive Officer, RAUSHU-2 and RAUSHU-3
8. File (RAUSHU-1)

OFFICIAL AUTHENTICATION

Executed By: Sudhaker S. Yadav, Executive Officer (कायासन अधिकारी), Government of Maharashtra

Mode of Execution: Digital Signature (डिजिटल स्वाक्षरीने साक्षांकित)

Published On: www.maharashtra.gov.in (Government of Maharashtra Official Portal)

IMPORTANT NOTES / CONDITIONS

1. Immediate Effect: This order takes effect immediately from the date of issue (31 May 2019). No grace period or transition time is permitted.

2. No Stay/Modification: Any attempt by any official to stay, modify, or reverse this order through direct or indirect pressure is prohibited and constitutes misconduct under the Maharashtra Civil Service (Conduct) Rules, 1979.

3. Financial Accountability: If any official fails to assume new duties due to non-release from current posting, and the Government becomes liable to pay forced waiting period wages and allowances, the responsible officer(s) will be held personally accountable for such payments.

4. Communication Requirement: Transfer authorities must communicate to the Government:

   • The exact date on which each transferred official was released from their current posting
   • The exact date on which each transferred official reported to their new posting
   • These communications must be sent "without delay" (विना विलंब)

5. Supervisory Monitoring: The Commissioner of State Excise is directed to ensure "immediate and efficient" (तात्काळ व कार्यक्षमतेरित्या) implementation of this order.

6. No Appeal Mentioned: The order does not provide for any appeal mechanism, review, or reconsideration process.

LICENSE TYPES AFFECTED

Indirectly Affected: While this is an administrative order not directly affecting licensees, it concerns the Deputy Commissioner (Liquor & Excise) position, which has supervisory authority over:

• FL-I, FL-II, FL-III, FL-IV (Foreign Liquor licenses)
• CL-I, CL-II, CL-III (Country Liquor licenses)
• Toddy licenses
• Neera permits
• Manufacturing permits
• All subordinate excise establishments and officials

DOCUMENT LANGUAGE & STATUS

Original Language: Marathi (महारष्ट्र)

Document Status: Active Government Resolution

Archival Reference: Available on www.maharashtra.gov.in with Digital Reference Code: 201905311519598429

END OF ANALYSIS