MAHARASHTRA EXCISE OFFICIAL DOCUMENT ANALYSIS

Document Type: Government Resolution (Administrative Order) — Promotion & Transfer/Posting

Reference Number: EST-1717/Pr.Kr.121/RAUSHA-1

Issued By: Government of Maharashtra, Home Department (गृह विभाग), Secretariat, Mumbai-400 032

Date of Issuance: 11 September 2019

Effective Date: Immediate (from date of this order)

Portal ID: 1460

Digital Reference Code: 201909111911510429

SUMMARY

This Government Resolution promotes 53 Secondary Forest Inspectors (Deputy Forest Inspectors) from the cadre of "Forest Inspector Grade C" (वनरीक्षक गट-क) to the cadre of "Forest Inspector Grade B" (वनरीक्षक गट-ब) based on seniority in the 2018-19 promotion list. Upon promotion, each officer is simultaneously posted to a specified Excise/Revenue Department location. The promotions are temporary in nature and subject to a Supreme Court order (Special Leave Petition No. 28306/2017), and carry no rights to permanent/regular promotion or seniority. Officers must immediately assume charge at their new posting locations within the prescribed period or face disciplinary action.

KEY PROVISIONS

1. PROMOTION & POSTING DETAILS

• Cadre Affected: Secondary Forest Inspectors (वनरीक्षक गट-क) → Promoted to Forest Inspector Grade B (वनरीक्षक गट-ब)
• Total Officers Promoted: 53 (serial numbers 1-53)
• Promotion List Year: 2018-19
• Selection Method: Open merit, based on seniority
• Promotion Order Reference: Based on merit list; subject to Supreme Court decision in Special Leave Petition No. 28306/2017

2. CONDITIONS OF PROMOTION

Condition 1 — Temporary Status & No Seniority Rights:

• Promotion is granted in temporary capacity only (तात्पुरत्या स्वरुपात)
• Seniority-based posting on open positions from open cadre
• Subject to compliance with Supreme Court order in Special Leave Petition No. 28306/2017
• No rights to regular/permanent promotion or seniority accrual shall be granted to the promoted officers (सदर तात्पुरत्या स्वरुपातील पदोन्नतीमुळे सांबांवधत अवधकाऱ्यास वनयवमत पदोन्नतीचे म्हणजेच ज्येष्ट्ठतेचे कोणतेही हक्क प्राप्त होणार नाहीत)

Condition 2 — Age & Service Review:

• Promotion is granted subject to service review decision after the officer attains 50/55 years of age (age bracket depends on individual circumstances)
• Service review may result in modification or cancellation of promotion

Condition 3 — Certification of Computer & Language Qualifications:

• The Commissioner, State Excise (आयुक्त, राउशु) must verify and maintain records that:
  • Promoted officer has passed/obtained exemption (सूट) in Computer Proficiency Examination
  • Promoted officer has passed/obtained exemption in Marathi language examination
  • Promoted officer has passed/obtained exemption in Hindi language examination
• Required certificates must be obtained and filed

Condition 4 — Permanent Residency Certification:

• The Commissioner, State Excise must verify that:
  • Promoted officer has obtained/holds a Permanent Residency Certificate (स्थायित्व लाभ प्रमाणपत्र)

Condition 5 — Fitness & Aptitude Documents:

• The Commissioner must obtain and file detailed statements/reports on:
  • Promoted officer's fitness (मत्ता)
  • Promoted officer's suitability/capability (दावयत्व)

3. EXECUTION & JOINING REQUIREMENTS

Section 3 — Immediate Implementation:

• Order comes into effect immediately (तात्काळ अांमलात येतील)
• Officers must be relieved from current postings on the date of this order (सदर अवधकाऱ्याांना या आदेशाच्या वदनाांकापासून कायशमुक्त करण्यात यािे)
• Officers must assume charge at new posting location immediately (तात्काळ हजर होउन पदाचा कायशभार घ्यािा)

Section 4 — Non-Compliance & Disciplinary Action:

• If promoted officer fails to report at new posting location within the prescribed time period (विहीत कालािधी), disciplinary proceedings (शिस्तभांगविषयक कारिाई) shall be initiated against them
• Authority: Commissioner, State Excise (आयुक्त, राउशु)

4. ANTI-PRESSURE & INTEGRITY CLAUSE

Section 5 — Prohibition on Influence & Misconduct:

• Absolute prohibition: No officer shall directly or indirectly attempt to exert pressure or influence to modify/alter this order (सदर आदेशात बदल करून घेण्यासाठी कोणत्याही अवधकाऱ्याने प्रत्यक्ष वा अप्रत्यक्षपणे दबाि आणण्याचा प्रयत्न करू नये)
• Such attempted influence constitutes violation of Rule 23 of the Maharashtra Civil Service (Conduct) Rules, 1979 (महाराष्ट्र नागरी सेिा (ितशणूक) वनयम, 1979 मधील वनयम 23)
• Consequence: Disciplinary action (शिस्तभांगविषयक कारिाई) shall be initiated against any officer attempting such influence

5. VACANCY & WORKLOAD MANAGEMENT

Section 6 — Handling of Vacated Posts:

• Posts vacated by promoted officers must be addressed by:
  • Responsible Authority: Concerned Departmental Deputy Commissioner, State Excise (सांबांवधत विभागीय उप आयुक्त, राउशु)
  • Action Required:
    • Assign additional charge (अवतवरक्त कायशभार) of vacated posts as per procedure
    • Inform State Government (राज्य शासन) of action taken

LIST OF PROMOTED OFFICERS & POSTINGS

WHO IS AFFECTED

1. Promoted Officers: 53 Secondary Forest Inspectors (Deputy Forest Inspectors) of the State Excise Department, Maharashtra

2. Affected Departments:

   • State Excise Department (राज्य उत्पादन शुल्क विभाग)
   • Subordinate Revenue/Excise offices at district and divisional levels

3. Categories by Original Cadre:

   • Open Merit (खुला): 20 officers
   • Intermediate Grade I (इ.मा.ि.): 7 officers
   • Village Grade A (वि.जा. अ): 4 officers
   • Scheduled Caste Grade (अ.जा./अ.ज.): 18 officers
   • Ground Grade C/B/D (भ.ज. क/ब/ड): 4 officers

4. Geographic Coverage: All regional divisions of Maharashtra — Pune, Nashik, Konkan-1, Amravati, Aurangabad, Nagpur

IMPORTANT NOTES / CONDITIONS / PENALTIES

A. NATURE OF PROMOTION

1. Temporary Character: Promotion is explicitly temporary (तात्पुरत्या स्वरुपात) — not permanent or regular
2. No Seniority Accrual: Officers shall have NO rights to permanent promotion or seniority arising from this temporary promotion
3. Seniority-Based Open Postings: Postings are made on open positions based on seniority in the merit list

B. SUPREME COURT DIRECTION

• All promotions are made subject to the decision of the Supreme Court of India in Special Leave Petition No. 28306/2017
• Any adverse Supreme Court ruling may modify, suspend, or cancel these promotions retrospectively

C. SERVICE REVIEW CONDITION

• Promotions are conditional upon:
  • Service review after officer reaches 50 or 55 years of age (threshold depends on individual circumstances)
  • Service review may result in withdrawal or modification of promotion
  • This condition is explicitly binding on the promotion order

D. MANDATORY VERIFICATIONS (Commissioner's Responsibility)

The Commissioner, State Excise must verify and maintain official records of:

1. Computer Proficiency:

   • Pass in Computer Proficiency Examination, OR
   • Exemption (सूट) granted in Computer Proficiency Examination

2. Marathi Language:

   • Pass in Marathi Language Examination, OR
   • Exemption granted

3. Hindi Language:

   • Pass in Hindi Language Examination, OR
   • Exemption granted

4. Permanent Residency Certificate (स्थायित्व लाभ प्रमाणपत्र):

   • Officer must have obtained the Permanent Residency Certificate

5. Fitness & Suitability (मत्ता ि दावयत्व):

   • Detailed statements on officer's fitness and capability must be obtained

Failure to maintain these records or obtain these certificates may result in legal challenge or cancellation of the promotion.

E. JOINING & CHARGE-TAKING

1. Immediate Assumption of Charge:

   • Officers are relieved from current posts on the date of this order (11 September 2019)
   • Officers must immediately report and assume charge at new posting locations
   • No grace period is provided

2. Non-Compliance Consequences:

   • Failure to report within the prescribed time period (विहीत कालािधी) shall result in:
     • Disciplinary proceedings (शिस्तभांगविषयक कारिाई) initiated by Commissioner, State Excise
     • Potential suspension, dismissal, or other punishment

F. ANTI-CORRUPTION & INTEGRITY

1. Pressure & Influence Prohibition:

   • Absolute bar on any officer directly or indirectly attempting to exert pressure to modify this order

2. Legal Basis for Action:

   • Violation constitutes breach of Rule 23, Maharashtra Civil Service (Conduct) Rules, 1979 (महाराष्ट्र नागरी सेिा (ितशणूक) वनयम, 1979)

3. Disciplinary Consequences:

   • Officers found attempting to influence or pressure for modification:
     • Disciplinary action shall be initiated immediately
     • Potential charges: gross misconduct, violation of conduct rules
     • Penalties may include suspension, dismissal, or criminal prosecution

G. VACANCY MANAGEMENT

• Posts vacated by promoted officers must be managed by the Departmental Deputy Commissioner, State Excise
• Deputy Commissioner must:
  • Assign additional charge (अवतवरक्त कायशभार) to available officers
  • Inform State Government of action taken
  • Maintain continuity of excise administration

H. APPEALS & REMEDIES

1. Officers may file appeals or challenges only through prescribed legal channels (i.e., administrative appeal or Court)
2. Direct pressure or informal complaints do not suspend or modify this order
3. All challenges must comply with Maharashtra Civil Service Rules, 1979

DISTRIBUTION & CIRCULATION

Official Notification Copies Sent to:

1. Commissioner, State Excise, Maharashtra State, Mumbai
2. Principal Accountant General-1/2 (Audit/Appropriation), Maharashtra State, Mumbai & Nagpur
3. All Divisional Deputy Commissioners, State Excise Department
4. Concerned District Superintendents, State Excise
5. Concerned District Treasury Officers
6. Grant & Accounts Officer, Mumbai
7. Official Personnel Officers, RAUSHA-2 & 3, Home Department, Secretariat, Mumbai
8. Individual Promoted Officers (copies sent to each)
9. File & Record

AUTHENTICATION

• Signed By: P. H. Vagade, Joint Secretary, Government of Maharashtra
• Authority: By and in the name of the Governor of Maharashtra
• Digital Signature: Applied (डिवजटल स्वाक्षरीने साक्षांवकत)
• Website Publication: Uploaded to www.maharashtra.gov.in
• Reference Portal ID: 201909111911510429

LEGAL DISCLAIMER & CRITICAL ALERTS

⚠️ KEY LEGAL RISKS FOR PROMOTED OFFICERS:

1. Temporary Status = No Job Security: This is NOT a permanent promotion. It can be withdrawn at any time pending Supreme Court review or service review.

2. Supreme Court Clause: If Supreme Court in SLP 28306/2017 rules against the promotion scheme, all 53 promotions may be cancelled retrospectively with potential financial consequences.

3. Age-Based Service Review: At age 50/55, a Service Review Committee will re-examine fitness. Adverse review can result in demotion or removal.

4. Language & Computer Certification: Missing or false certification of language proficiency or computer skills is grounds for dismissal and criminal prosecution under Maharashtra Civil Service (Conduct) Rules.

5. Non-Joining = Disciplinary Action: Failure to join new posting within prescribed time (no grace period stated) triggers disciplinary proceedings under Rule 23 of the Civil Service Rules.

END OF DOCUMENT ANALYSIS