Jaipur: A single bench of the Rajasthan High Court has stayed the implementation of the state government’s decision to restructure the excise department and create an Excise Enforcement and Preventive Force. The court observed that executive or administrative orders cannot override statutory service rules framed under Article 309 of the Constitution.
Interim Order and Background
Justice Chandra Prakash Shrimali passed the interim order on June 10 while hearing a writ petition filed by the Rajasthan Aabkari Seva Sangh. The petition challenged a notification issued by the Finance (Excise) department on June 1, 2026. The matter has been listed for further hearing on July 7.
According to the petition, the state government reorganised the excise department by merging the general branch and preventive branch and creating a new enforcement structure. This was done without amending the Rajasthan Excise Subordinate Service (General Branch) Rules, 1974, and the Rajasthan Excise Subordinate Service (Preventive Branch) Rules, 1976.
Petitioner's Arguments
The petitioner association submitted that both sets of rules govern recruitment, promotion and service conditions of employees and continue to remain in force. It argued that the government, through administrative orders, created a new Excise Enforcement and Preventive Force, established state-level and zonal offices and reorganised sanctioned posts without first amending the existing statutory framework.
The association contended that the restructuring exercise could not be implemented legally unless new service rules were framed and the existing rules were amended in accordance with law. It submitted that the notification sought to introduce a new administrative structure while the statutory rules governing the service remained unchanged.
Court's Observations
During the hearing, the court referred to a recent Supreme Court judgment and observed that executive instructions may supplement statutory provisions but cannot run contrary to them. The court noted that no new rules were framed by the state government for the proposed force and that the existing service rules of 1974 and 1976 had not been repealed.
The court further observed that implementation of the new structure without statutory backing could affect issues relating to service conditions, seniority, recruitment and promotions.
Stay and Further Proceedings
Considering the facts and circumstances of the case, the High Court stayed the operation and effect of the June 1 notification and related orders until further orders or until new rules are framed in accordance with law for the proposed Excise Enforcement and Preventive Force.
The state government has been granted liberty to seek vacation of the interim order. The stay will remain in force pending further proceedings in the matter.
