HC directs govt to provide full CAG report to discoms

A Bench of Chief Justice G Rohini and Justice R S Endlaw passed the direction after two <g data-gr-id="37">discoms</g> alleged that they were not provided the full CAG report which was given to Delhi government and the media. The Bench sought to know from Delhi government why it cannot give <g data-gr-id="36">report</g> to <g data-gr-id="39">discoms</g>--BSES Rajdhani Power Ltd and BSES Yamuna Power Ltd.

“The entire report enclosed with the letter issued on July 21 be furnished to the power distribution companies. The 212-page report has to be furnished. In <g data-gr-id="48">absence</g> of the report, they would not be able to participate in the proposed exit conference scheduled for September 21-24. Furnish the report within three days,” the Bench said.

Exit-conference is a discussion between parties before the finalisation of the CAG report. The <g data-gr-id="40">discoms</g> alleged that Delhi government had not provided them with the full report. Opposing the contention raised by the <g data-gr-id="41">discoms</g>, senior advocate Dayan Krishnan, appearing for Delhi government, said, “whatever CAG gave us, we forwarded them (<g data-gr-id="42">discoms</g>) the same. If CAG wants to give them the report directly, let it be done.” 

However, advocate Gaurang Kanth, appearing for CAG, objected to giving the full report to <g data-gr-id="47">discoms</g> saying “we have sent them the relevant portion of the report which is of their use. The rest does not concern them.”

He further said <g data-gr-id="55">rest</g> of the pages contains comments from Delhi government and Delhi Electricity Regulatory Commission. “The findings with regard to Tata Power Delhi Distribution Ltd are not of their (BSES Rajdhani and Yamuna) concern. So we have not given that part to them,” Kanth said. During the hearing, the <g data-gr-id="51">discoms</g> requested the court to postpone the exit-conference, which was declined by the bench saying “you make your representation to CAG. If they agree, then it is okay.” 

The court will now hear the matter on October 30.

The applications by the two <g data-gr-id="38">discoms</g> were moved in the main plea filed by them, along with Tata Power Delhi Distribution Ltd, against Delhi government’s decision to get their accounts audited by the Comptroller and Auditor General (CAG), in which the high court had reserved its judgement on March 4. 

Last month, BSES Rajdhani and BSES Yamuna had moved an application before the court seeking that no action be taken against them based on the draft report of the CAG.

The two firms were aggrieved over the alleged “illegal and ultra vires” act of the CAG of drafting and sharing with Delhi government its draft audit report and sought that the report be declared a draft and all its copies recalled and not shared with any third party.