JUDGMENT :

Y.K. Sabharwal, J. - By order dated 29/30th October, 2002, this Court directed closure of all unlicensed saw mills and prohibited opening of any new saw mill without prior permission of the Central Empowered Committee (CEC). The proliferation of wood based industry was one of the causes of degradation of forest. It is evident that the order was passed with a view to ensure protection of the forest wealth and to enforce measures to stop illegal felling, removal and utilisation of timber. The relevant portion of the said order reads as under :

"No State or Union Territory shall permit any unlicensed saw-mills, veneer, plywood industry to operate and they are directed to close all such unlicensed unit forthwith. No State Government or Union Territory will permit the opening of any saw- mills, veneer or plywood industry without prior permission of the Central Empowered Committee. The Chief Secretary of each State will ensure strict compliance of this direction. There shall also be no relaxation of rules with regard to the grant of licence without previous concurrence of the Central Empowered Committee."

2. In Orissa, Section 4 of Orissa Saw Mills and Saw Pits (Control), Act, 1991 prohibits establishment or operation of saw mills within reserve forest, protected forest or any forest area or within 10 kilometers from the boundary of any forest or forest area. The licences of five saw mills were cancelled by the Divisional Forest Officer (DFO) as a licensing authority as licensees were found to be within a radial distances of 10 kilometers from the boundary of nearest forest. The following are those saw mills :

1. Laxmi Saw Mill, Lingipur

2. Bhawani Saw Mill, Lingipur

3. Gopinath Timber Saw Mill, Balakati

4. Sidheswari Saw Mills, Balakati

3. Siula Saw Mill (Maa Tarini Timber Trades) The cancellation of licences by saw mills at serial Nos.4 and 5 was not challenged. It attained finality. The saw mills at serials 1, 2 and 3, however, filed appeals against the cancellation ordered by DFO. In appeal, the Conservator of Forest directed the DFO to reconsider their cases. On reconsideration, the DFO again rejected their licences. The saw mill at serial No.3 did not this time challenge the decision of the DFO. The saw mills at serial Nos.1 and 2, however, filed appeals against the decision of the DFO, but the appeals were dismissed by the Conservator of Forest.

4. The respondent joined as DFO, Puri Division on 23rd December, 2002. These licences were granted during January and February, 2003. Despite the aforesaid facts and the abovenoted order of this Court, all the 5 saw mills were granted licences by the respondent-contemner. The grant of licences in the above manner was brought into the notice of CEC. CEC considering the affidavit of the Chief Secretary of the State Government, submissions of the Principal Secretary, Forest, Government of Orissa and that of the respondent opined that the issue of saw mill licences was in violation of the State Act above referred, the orders of the superior officers and also in violation of the orders dated 30th October, 2002 passed by this Court. Considering the recommendations of CEC, contained in its report dated 18th August 2003, this Court issued suo motu notice of contempt to the respondent Pravakar Behera.

5. In reply to the contempt notice, the respondent has filed his affidavit. We have perused affidavit of the respondent dated 20th September, 2003 and have also heard Shri P.P. Rao, learned senior counsel appearing for the respondent. While tendering unconditional apology, the respondent has sought to explain that since he joined as Divisional Forest Officer, Puri Division only on 23rd December, 2002, he was not very much conversant with the latest developments in the management of forest division in general and the order of this Court dated 30th October, 2002, in particular. He has tried to explain that when the Principal Chief Conservator of Forest, Orissa, vide a memo dated 27th