MAHARASHTRA EXCISE DOCUMENT ANALYSIS

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

Reference Number: EST-1721/Pr.Kr.92/RAUSH-1

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

Date of Issue: 13 September 2021

Effective Date: Immediate effect (तात्काळ अंमलात येतील)

SUMMARY

This Government Resolution pertains to the promotion of Forest Guards (Group B) to the rank of Deputy Superintendent (Group B) in the State Excise Department (Rajya Utpadhan Shulk Vibhag). Four eligible officers are promoted from the promotion list prepared for 2020-21. After promotion, each officer is posted to a designated Revenue Department office as specified. The promotion is subject to conditions including pending court proceedings, compliance with service seniority rules, and status as temporary in nature conferring no permanent rights.

KEY PROVISIONS

Promoted Officers and Postings:

1. Shri S.T. Malhe

   • Previous Department: Marathi Version (Group B) Konkan-2
   • Post-Promotion Posting: Deputy Superintendent, State Excise, Kalyan-Murbad, Thane

2. Shri R.L. Khot

   • Previous Department: Open Pune
   • Post-Promotion Posting: Deputy Superintendent, State Excise, Kolhapur Superintendent's Office

3. Shri Yuvraj Shashde

   • Previous Department: Open Pune
   • Post-Promotion Posting: Deputy Superintendent, State Excise, Shirpuri-Chichlim

4. Shri R.V. Ugle

   • Previous Department: Marathi Version Nashik
   • Post-Promotion Posting: Deputy Superintendent, State Excise, M/s Brihan Maharashtra Sugar Syndicate, Nashik

CONDITIONS OF PROMOTION

Condition 1: Non-Violation of Seniority

• Promotion is subject to the condition that no senior officer has been overlooked or superseded in the preparation of the promotion list inadvertently.

Condition 2: Pending Court Proceedings

• Promotion remains subject to and contingent upon the following court matters:
  • Special Leave Petition No. 28306/2017 filed in the Maharashtra Supreme Court
  • All vacant positions in the promotion category are being filled temporarily in accordance with service seniority as per the Government Decision dated 07.05.2021 by the Subordinate Public Service Commission (SA.PR.VI./16-B)
  • Challenge petition filed in the High Court of Mumbai against the Government Decision of 07.05.2021 — promotion is subject to the final order of the High Court

Condition 3: Disability Rights — Court Orders

• Promotion for officers with disabilities in Group A and Group B transfers/promotions is subject to orders issued by the High Court of Mumbai in Writ Petition No. 6819/2021 dated 08.07.2021 and 22.07.2021.

Condition 4: Temporary Status — No Permanent Rights

• This promotion is entirely temporary in nature (निव्वळ तात्पुरत्या स्वरूपाची असल्याने)
• The promoted officers shall NOT acquire any permanent rights or incumbency due to this promotion

Condition 5: No Departmental Inquiry Pending

• No departmental inquiry is pending or proposed against any officer on the promotion list.

POSTING INSTRUCTIONS

For Officers Involved in Election Duty:

1. Officers who are designated for duty in the State Election Commission of Maharashtra election process:

   • Shall assume charge of the promoted post after 22.12.2021

2. Officers who are designated for duty in the Union Election Commission's Maharashtra Legislative Council election:

   • Shall assume charge of the promoted post immediately after completion of election duty

General Instruction:

• All promoted officers shall immediately report to their designated posting locations and assume charge of their new posts without delay.

CRITICAL LEGAL DISCLAIMERS

Clause 4: Anti-Coercion / Anti-Pressure Provision

• Prohibition: No officer shall directly or indirectly attempt to apply pressure to seek changes to this promotion order.
• Violation Consequence: Any such attempt shall constitute a breach of Rule 23 of the Maharashtra Civil Service (Conduct) Rules, 1979 and shall be treated as misconduct (गैरवर्तमुकी)
• Penalty: Disciplinary action shall be initiated against the officer(s) in violation.

DISTRIBUTION LIST (Pratt – Copies Sent To)

1. Commissioner, State Excise, Maharashtra State, Mumbai
2. Accountant General-1/2 (Audit/Sanction), Maharashtra State, Mumbai and Nagpur
3. All Departmental Joint Commissioners, State Excise
4. Concerned Superintendent, State Excise
5. Establishment & Accounts Officer, Mumbai
6. Concerned District Treasurer Officer
7. Concerned Deputy Superintendent (via Commissioner, State Excise)
8. Administrative Officer, State Excise-2 & 3, Home Department, Ministry, Mumbai
9. Records File

DIGITAL AUTHENTICATION

• Web Portal ID: 1510
• Document Portal URL: www.maharashtra.gov.in
• Digital Reference Code: 202112131455559729
• Authentication: Digitally signed (डिजिटल स्वाक्षरीने साक्षांकित)
• Authority: Signed on behalf and order of the Governor of Maharashtra by Sandip Dhakne, Additional Secretary, Maharashtra Government

IMPORTANT NOTES / CONDITIONS / LEGAL STATUS

EXCLUSIONS

This document does NOT contain:

• Fee schedules
• License-related provisions
• Excise rule amendments
• Changes to liquor permit categories (FL-I, FL-II, FL-III, FL-IV, CL-I, CL-II, CL-III, Toddy, Neera)
• Applicant eligibility criteria for excise licenses

CONCLUSION

This is a State Excise Department personnel promotion order affecting four Group B Forest Guards elevated to Deputy Superintendent rank, with postings across multiple Maharashtra excise offices. The order has immediate effect but is entirely contingent upon pending court proceedings and grants no permanent rights to the promoted officers. Any attempt to pressure for changes is a disciplinary offense under Maharashtra Civil Service Conduct Rules.