R.S. Mongia, J. - (1.) Vide order dated 3rd September, 1992, C.W.P. No. 11995 of 1992 was disposed of by passing the following order:- "Dismissed being premature. Against the impugned order an appeal lies to the Conservator of Forests, Punjab, but on the peculiar circumstances of this case, it is directed that the petitioner may file an appeal before the Chief Conservator of Forests, Punjab and the same if so filed is to be disposed of within 3 months by passing a speaking order. "
(2.) It is the case of the petitioner that in compliance with the said order, he had filed an appeal/representation before the Chief Conservator of Forests, on 16th September, 1992, vide Diary No. 14122. The learned counsel for the petitioner submits that in accordance with the order of the Division Bench, dated 3rd September, 1992, the appeal/representation had to be disposed of by the Chief Conservator of Forests, Punjab, but the same has been disposed of by the Principal Chief Conservator of Forests, Punjab, but the same has been disposed of by the Principal Chief Conservator of Forests, Punjab, Shri S.K. Kapur. This, according to him is in violation of the order of the Division Bench.
(3.) From the averments made in the petition, it cannot be disputed that order disposing of the appeal-cum-representation has been passed by Shri S.K. Kapur, who is the Principal Chief Conservator of Forests, Punjab, whereas order was to be passed by the Chief Conservator of Forests. However, it is not clear as to under what circumstances the orders was passed by the said Authority. I am of the view that no case has been made out for initiating contempt proceedings against the respondent. Since admittedly the order of the appeal/representation has not been passed by the Chief Conservator of Forests it would be in the fitness of things that if fresh orders are passed by the Chief Conservator of Forests on the appeal-cum-representation already filed by petitioner without taking into consideration the order passed by the Principal Chief Conservator of Forests, Punjab. Let the Principal Chief Conservator of Forests remit back the appeal/representation to the Chief Conservator of Forests within one week of the receipt of the copy of this order through the Court or a certified copy of the order through the petitioner, who will decide the same independently within three months of the receipt of the representation from the Principal Chief Conservator of Forests. Subject to the observations made above, the Contempt petition is dismissed. Copy of this order be given Dasti on payment. Petition dismissed.;