Discoms not cooperating with us: CAG to Delhi HC
21 March 2014 5:25 AM IST
The city government also questioned the ‘reluctance’ of the discoms for an audit unless they had something to hide.
The submission was made by the Comptroller and Auditor General (CAG) before justice Manmohan who on 24 January had refused to stay the then Arvind Kejriwal-led government’s decision to conduct a CAG audit of the accounts of BSES Rajdhani Power Ltd, BSES Yamuna Power Ltd of Reliance Anil Dhirubhai Ambani Group and Tata Power Delhi Distribution Ltd. The same claim was made by CAG earlier before a larger bench of the high court.
The court on Wednesday, however, asked the CAG to file an application if it was aggrieved over alleged non-cooperation by the discoms and directed it to file its counter affidavit within three weeks and listed the matter for further hearing on 16 May.
Meanwhile, Delhi government, in an affidavit placed before the court, has denied allegations by discoms that the decision to order a CAG audit was in furtherance of the election manifesto of the then Aam Aadmi Party-led government.
It said that the decision for CAG audit had been taken as early as 27 December, 2011 and it was only communicated to the discoms on 28 December, 2013.
The government also said that if the discoms’ accounts are in proper order and there is nothing to hide, then there is no reason why they should oppose the CAG audit.
‘If there is nothing to hide then respondent 1 (Delhi government) is unable to understand the petitioners’ (discoms) reluctance for getting an audit done by CAG as audit is an essential tool in any democracy,’ the affidavit, filed through Alka Sharma, Deputy Secretary (Power), said.
It said that as it holds 49 per cent stake in all three discoms, therefore, audit is required to maintain the public’s faith in these entities.
The government has sought that the plea of the discoms be dismissed and they be directed to ‘cooperate fully’ with the audit team constituted by CAG and submit all necessary documents.
During the brief proceedings, Justice Manmohan queried whether he can list the matter before the division bench which is hearing a PIL by a joint association of RWAs who are seeking CAG audit of discoms.
This suggestion of the court was welcomed by the discoms but opposed by the Delhi government. A larger bench of the court is slated to hear on 24 March the discoms plea challenging Justice Manmohan’s 24 January order.
Justice Manmohan on January 24 had not only refused to stall the CAG audit of the discoms but also asked them to co-operate with the top auditor by furnishing the details sought.
The discoms had initially moved the high court against the 7 January decision of the Aam Aadmi Party-led government ordering CAG audit, saying the top auditor is not empowered to scrutinise accounts of private companies. The three private firms had come into being in 2002 when the then Delhi government decided to privatise power distribution. Delhi discoms are a 51:49 per cent joint venture between private companies and Delhi government.
The submission was made by the Comptroller and Auditor General (CAG) before justice Manmohan who on 24 January had refused to stay the then Arvind Kejriwal-led government’s decision to conduct a CAG audit of the accounts of BSES Rajdhani Power Ltd, BSES Yamuna Power Ltd of Reliance Anil Dhirubhai Ambani Group and Tata Power Delhi Distribution Ltd. The same claim was made by CAG earlier before a larger bench of the high court.
The court on Wednesday, however, asked the CAG to file an application if it was aggrieved over alleged non-cooperation by the discoms and directed it to file its counter affidavit within three weeks and listed the matter for further hearing on 16 May.
Meanwhile, Delhi government, in an affidavit placed before the court, has denied allegations by discoms that the decision to order a CAG audit was in furtherance of the election manifesto of the then Aam Aadmi Party-led government.
It said that the decision for CAG audit had been taken as early as 27 December, 2011 and it was only communicated to the discoms on 28 December, 2013.
The government also said that if the discoms’ accounts are in proper order and there is nothing to hide, then there is no reason why they should oppose the CAG audit.
‘If there is nothing to hide then respondent 1 (Delhi government) is unable to understand the petitioners’ (discoms) reluctance for getting an audit done by CAG as audit is an essential tool in any democracy,’ the affidavit, filed through Alka Sharma, Deputy Secretary (Power), said.
It said that as it holds 49 per cent stake in all three discoms, therefore, audit is required to maintain the public’s faith in these entities.
The government has sought that the plea of the discoms be dismissed and they be directed to ‘cooperate fully’ with the audit team constituted by CAG and submit all necessary documents.
During the brief proceedings, Justice Manmohan queried whether he can list the matter before the division bench which is hearing a PIL by a joint association of RWAs who are seeking CAG audit of discoms.
This suggestion of the court was welcomed by the discoms but opposed by the Delhi government. A larger bench of the court is slated to hear on 24 March the discoms plea challenging Justice Manmohan’s 24 January order.
Justice Manmohan on January 24 had not only refused to stall the CAG audit of the discoms but also asked them to co-operate with the top auditor by furnishing the details sought.
The discoms had initially moved the high court against the 7 January decision of the Aam Aadmi Party-led government ordering CAG audit, saying the top auditor is not empowered to scrutinise accounts of private companies. The three private firms had come into being in 2002 when the then Delhi government decided to privatise power distribution. Delhi discoms are a 51:49 per cent joint venture between private companies and Delhi government.
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