MAHARASHTRA EXCISE DEPARTMENT — OFFICIAL DOCUMENT ANALYSIS
Document Type: Government Resolution (शासन आदेश) — Promotion Order
Reference Number: EST-1721/Pr.Kr.83/RAUSHU-1
Issued By: Government of Maharashtra, Home Department (गृह विभाग), Mantralaya, Mumbai-400032
Effective Date: 3 February 2022 (वदनांक:- 3 फेब्रुवारी, 2022) — Immediate effect (तात्काळ अंमलात येतील)
Document Portal ID: 1550
SUMMARY
This Government Resolution promotes three Sub-Inspectors (Group-B) from the State Excise Department to the rank of Inspector (Group-A) based on the 2020-21 promotion list. The three promoted officers are assigned to specific excise district postings. The promotion is made conditional upon various pending court cases and administrative tribunal orders, and the promotion confers only temporary status with no permanent regularization rights.
KEY PROVISIONS
A. OFFICERS PROMOTED TO INSPECTOR (GROUP-A)
| Sr. No. |
Officer Name |
Current Cadre Assignment |
Posted as Inspector to |
| 1 |
Shri M.D. Sheware (अ.ज.) |
Nashik |
Inspector, State Excise, Dhule |
| 2 |
Shri Sanjay J. Patil (खुला) |
Nagpur (खुला) |
Inspector, State Excise, Chandrapur |
| 3 |
Shrimati Gyaneshwari Aher (खुला) |
Amravati (खुला) |
Inspector, State Excise, Amravati |
B. CONDITIONS ATTACHED TO PROMOTION
The promotion is granted subject to the following conditions:
Condition 1: No Senior Officer Omitted or Superseded
The promotion list was prepared without inadvertently omitting or superseding any senior officer (कोणीही ज्येष्ठ अवधकारी अनाधानाने वगळण्यात आलेले नाहीत अथवा अवधक्रवमत झालेले नाहीत).
Condition 2: Pending Supreme Court and High Court Cases
The promotion is provisional and subject to the outcome of:
- Supreme Court Special Leave Petition No. 28306/2017 — pending in the Hon. Supreme Court of India
- High Court of Bombay Challenge — to Government Resolution dated 07.05.2021 (issued vide State Services Memorandum 16-B)
- Final judgment in these cases will govern the promotion status
- Seniority determined as of 25.05.2004 in accordance with Government decision dated 07.05.2021
Condition 3: Writ Petition — Rights of Persons with Disabilities
The promotion is subject to the orders passed by the Hon. High Court of Bombay in Writ Petition No. 6819/2021 concerning promotion of disabled employees from Group-B to Group-A, orders issued on:
Condition 4: Maharashtra Administrative Tribunal Cases
The promotion is subject to the final judgment in the following cases pending before the Maharashtra Administrative Tribunal (MAT), Mumbai:
- Original Application No. 72/2021
- Original Application No. 799/2021
- Review Application No. 592/2021
Condition 5: Temporary Status — No Permanent Regularization Rights
Critical: As this promotion is strictly of a temporary nature (निव्विळ तात्पुरत्या स्वरूपाची असल्याने), the promoted officers do not acquire any rights to regularization or permanency (पदोन्नतीमुळे संबंवधत अवधकाऱयास निर्यमितपणाचे कोणतेही हक्क प्राप्त होणार नाहीत).
Condition 6: No Departmental Inquiry Against Promoted Officers
No departmental inquiry is pending or proposed against any of the three promoted officers (विभागीय चौकशीची कार्यवाही सु/प्रस्तावित नाही).
C. PROHIBITION ON UNDUE PRESSURE
Any officer who attempts — directly or indirectly — to pressurize the Government to modify this order will be liable to action under:
Rule 23 of the Maharashtra Civil Service (Conduct) Rules, 1979 — constituting misconduct (गैरवर्तणूक).
The officer will face disciplinary proceedings (शिस्तभंगविषयक कारवाई).
D. DISTRIBUTION OF ORDER
This order has been:
- Published on: www.maharashtra.gov.in
- Web Reference ID: 202202031438526729
- Authenticated by: Digital signature
- Issued under: Authority and orders of the Governor of Maharashtra
E. COPIES CIRCULATED TO
- Commissioner, State Excise Department, Maharashtra, Mumbai
- Accountant General-1/2 (Audit & Appropriation), Maharashtra, Mumbai and Nagpur
- All Divisional Deputy Commissioners, State Excise Department
- Director and Controller of Accounts, Mumbai
- All relevant District Treasury Officers (संबंवधत वजल्हा कोषागार अवधकारी)
- All relevant Inspectors, State Excise (संबंवधत अधीक्षक, राउशु)
- Administrative Officer, RAUSHU-2 & 3, Home Department, Mantralaya, Mumbai
- Promotion List File (निविडनस्ती)
WHO IS AFFECTED
- Three Sub-Inspectors (Group-B) promoted to Inspector rank (Group-A)
- State Excise Department of Maharashtra (all divisions and branches)
- Excise Districts of Dhule, Chandrapur, and Amravati (receiving the promoted officers)
IMPORTANT NOTES / CONDITIONS / PENALTIES
1. Provisional/Conditional Status
- No permanent rights are conferred by this promotion
- Promotion can be revoked or modified based on pending court/tribunal decisions
- Officers do NOT acquire regularization rights
2. Pending Judicial/Quasi-Judicial Cases Control Final Status
The promotion remains subject to final adjudication in:
- Supreme Court Special Leave Petition
- High Court Writs (general and disability-related)
- Maharashtra Administrative Tribunal original and review applications
3. Seniority Determination
All seniority calculations are fixed as of 25.05.2004 per Government decision dated 07.05.2021.
4. Misconduct Provision
Any attempt to influence modification of this order constitutes conduct misconduct under Civil Service Rules and will result in disciplinary action.
5. Implementation Timeline
- Order becomes effective immediately (तात्काळ अंमलात येतील)
- Officers must assume posting forthwith
- However, regularization awaits court/tribunal outcomes
PROCEDURAL NOTES
- No formal application process — this is a notification-based promotion
- No fees applicable — this is a service benefit order
- No documents to submit — promotion is from existing service records
- Authority: Home Department, Government of Maharashtra
Issued: Ashok Sanchidanyu, Additional Secretary, Government of Maharashtra
Signature: Digital signature authenticated