MAHARASHTRA EXCISE OFFICIAL DOCUMENT ANALYSIS

Document Type: Government Resolution (Shasan Aadesh) — Personnel/Promotion Order

Reference Number: EST-1721/Pr.Kr.156/RAUSHU-1

Issued By: Government of Maharashtra, Home Department (Griha Vibhag), Mantralaya, Mumbai-400 032

Effective Date: 13 December 2021 (Date of issuance); effective immediately (तात्काळ अंमलात येतील)

Portal ID: 1509

Summary: This Government Resolution promotes 50 officials from the position of Deputy Forest Inspector (Group-A) to Forest Inspector (Group-B) within the State Excise Department (Rajya Utpadhan Shulk Vibhag). The promotions are based on a 2020-21 promotion list prepared by the State Service Commission. Following promotion, these officers are posted to specific revenue departments/divisions as detailed in the order. The promotions are conditional, temporary in nature, and subject to pending court proceedings and service seniority rules.

KEY PROVISIONS:

Promotion Details:

• Promotional Category: Deputy Forest Inspector (Group-A) → Forest Inspector (Group-B) • Number of Promotees: 50 officials • Basis: 2020-21 Promotion List prepared by the State Service Commission (Rajya Niyukt Ayog, Maharashtra) • Reference: Letter No. RANIYA/VIPPPNCS-2021/Pr.Kr.19/Ka.7 dated 09.12.2021 from State Service Commission • Date of Issue: 13 December 2021

List of Promoted Officials and Their Postings:

CONDITIONS OF PROMOTION:

1. Superior Officer Non-Exclusion Condition:

The promotion is subject to the condition that no senior officer has been inadvertently excluded or superseded in the preparation of the promotion list.

2. Temporary Status and Supreme Court Matter:

• Promotion is ONLY TEMPORARY (तात्पुरत्या स्वरूपात) in nature • Subject to Special Leave Petition No. 28306/2017 pending in the Hon'ble Supreme Court of India • All vacant positions in the promotion category are being filled on temporary basis only, as per seniority dated 25.05.2004 • Promotions are as per Government Decision (Shasan Nirnay) issued by Department of Personnel and Administrative Reforms (SA.PR.VI./16-B) dated 07.05.2021 • The promotion is also subject to any challenge filed in the Hon'ble High Court of Mumbai regarding the 07.05.2021 Government Decision • Subject to final judgment in such court proceedings

3. Persons with Disabilities (PWD) - Condition:

The promotion of officials with disability status from Group-A to Group-B is subject to the conditions laid down in: • Writ Petition (Stmp) No. 6819/2021 in the Hon'ble High Court of Mumbai • Orders dated 08.07.2021 and 22.07.2021 issued by the High Court

4. No Permanent Status:

• The promotion is only temporary in nature • No promoted officer shall acquire any right to permanence (नियमितपणाचे कोणतेही हक्क) due to this temporary promotion • Promoted officers may revert to their original position if required

5. No Departmental Inquiry Pending:

• NO departmental inquiry has been initiated or is pending against any of the promoted officials in this list

IMPLEMENTATION AND EFFECTIVE DATE:

Immediate Effect:

• This order comes into effect immediately (तात्काळ अंमलात येतील) • All promoted officials must report to their new postings immediately and assume charge

Election Duty Exemption Clause:

Officials required to perform election duty have the following conditions:

For State Legislative Assembly Elections (State Service Commission): • These officials shall remain available for election duty until 22.12.2021 (after which they can take up promotion posting) • After completing election duty, they shall move from their current position to their new promoted posting

For State Legislative Council Elections (Union Election Commission): • Officials required to perform electoral duties under the Union Election Commission shall move from their current position to their promoted posting only AFTER completion of their election duty

PROHIBITION ON PRESSURE/UNETHICAL CONDUCT:

Rule 23 Violation Warning:

Any officer attempting to exert direct or indirect pressure or influence to modify this order shall face disciplinary action under: • Rule 23 of Maharashtra Civil Service (Conduct) Rules, 1979 • Such conduct shall be treated as misconduct (गैरवर्तन) • Disciplinary proceedings shall be initiated against the responsible official

DISTRIBUTION:

This order has been circulated to:

1. Commissioner, State Excise, Maharashtra State, Mumbai
2. Accountant General-1/2 (Audit/Appropriation Section), Maharashtra State, Mumbai and Nagpur
3. All Divisional Deputy Commissioners, State Excise
4. All relevant Superintendents, State Excise
5. Grants and Accounts Officer, Mumbai
6. All relevant District Treasure Officers
7. All relevant Forest Inspectors, State Excise (through Commissioner, State Excise)
8. Executive Officer, State Excise-2 and 3, Home Department, Mantralaya, Mumbai
9. Official file/record

WEBSITE PUBLICATION:

• Available on official Maharashtra Government website: www.maharashtra.gov.in • Digital Reference Code: 202112131449188229 • Issued with Digital Signature authentication

SIGNATORY:

Sandip Dhakane Additional Chief Secretary, Maharashtra Government (On behalf of and by order of the Governor of Maharashtra)

WHO IS AFFECTED:

Primary: 50 named Forest Inspectors (Deputy Forest Inspector, Group-A rank) promoted to Forest Inspector (Group-B) status in the State Excise Department (Maharashtra)

Secondary: • State Service Commission (Maharashtra) • All revenue departments receiving posted officers • All concerned District Treasury Officers • Accountant General offices • All Divisional Deputy Commissioners of State Excise

IMPORTANT NOTES / CONDITIONS / PENALTIES:

1. Temporary Status (Critical):

This promotion is NOT PERMANENT. Promoted officers:

• Do NOT acquire any right to permanence
• May be reverted to original posts
• Status is conditional on pending court decisions

2. Court Cases Pending:

• Supreme Court Special Leave Petition No. 28306/2017 — currently pending
• High Court of Mumbai Writ Petition (Stmp) No. 6819/2021 — orders dated 08.07.2021 and 22.07.2021
• High Court of Mumbai challenge to Government Decision of 07.05.2021
• All promotions are subject to final judgment in these cases
• Officers may face reversal if courts rule against the promotion

3. Seniority Rule:

• Promotions are based on seniority dated 25.05.2004
• No officer senior to any promotee should have been inadvertently excluded

4. Election Duty:

• Some officers may be detained for election duties (State Assembly elections until 22.12.2021, or State Legislative Council elections)
• Officers must report to promoted posting immediately after election duty completion

5. PWD Officials:

• Separate conditions apply for officers with disabilities under High Court orders

6. Misconduct Provision:

• Any officer attempting pressure/influence to modify the order faces:
  • Disciplinary action under Rule 23, Maharashtra Civil Service (Conduct) Rules, 1979
  • Treatment as misconduct
  • Formal disciplinary proceedings

7. No Inquiry Against Promotees:

• No departmental inquiry is pending or initiated against any promoted official

8. Effective Implementation:

• Order effective immediately upon publication
• All promoted officials must assume charge at new postings without delay

RELATIONSHIP TO EXCISE LAW:

This order affects the administrative hierarchy of the State Excise Department under the regulatory framework of:

• Bombay Prohibition Act, 1949
• Subordinate Excise Rules

The promoted officers (now Group-B Forest Inspectors) will have supervisory and inspection authority over excise matters within their respective jurisdictions.

This document does NOT directly modify excise license types, fees, or regulatory procedures.

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