SUPREME COURT OF INDIA

Before:- G.B. Pattanaik and Ruma Pal, JJ.

Civil Appeal No. 5371 of 2002 (Arising out of SLP (C) No. 3007 of 2002.) D/d. 29.8.2002.

Secretary, Department of Tourism, Jharkhand - Appellant

Versus

Citizen's Cause, Kantatoli and Ors. - Respondents

Constitution of India - Article 226 - Public Interest Litigation - High Court, in seisin of a PIL in relation to de-silting of Kanke Dam Project and several allied projects - High Court calling upon the Minister of Secretary, Tourism to file affidavit as to what way travelling allowances have been taken, does not appear to to be germane - High Court is not exercising the functions of the Accountant General, and more-over that was not a matter in issue before it - Part of the order set aside.

[Para 2]

ORDER

Leave granted.

2. The appeal is directed against the impugned judgment of the division Bench of High Court of Jharkhand, Ranchi, either the Tourism Minister of the Secretary. Tourism to file an affidavit indicating the details of the travelling expenses incurred thereon. The public interest litigation which the High Court is in seisin of, is in relation to de-silting of the Kanke Dam project and several allied projects. In disposing of that matter the informations required by order dated 20th December, 2001 calling upon the Minister of Secretary, Tourism to file affidavit as to what way travelling allowances have been taken, does not appear to us to be germane, inasmuch as the High Court is not exercising the functions of the Accountant General, and more-over that was not a matter in issue before it. In that view of the matter we set aside that part of the order dated 20th December, 2001 of the High Court.

3. Needless to mention, the High Court shall proceed with the pending public interest litigation. The appeal stands disposed of accordingly.

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