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Delhi

Discoms’ plea against CAG audit after AAP takes charge, says HC

The court said it would hear on February 19 the batch of petitions including appeals filed by three private discoms against the order of a single judge refusing to stay Delhi government’s decision to have CAG audit of their accounts.

A bench of Chief Justice G Rohini and Justice Rajiv Sahai Endlaw adjourned the matter after the standing counsel for Delhi government Zubeda Begum said the new government is going to be formed and some senior advocate will argue the matter.

Apart from the pleas of Tata Power Delhi Distribution Ltd (TPDDL) and Reliance Anil Dhirubhai Ambani Group firms, BSES Rajdhani Power Ltd and BSES Yamuna Power Ltd, the bench is also hearing a PIL filed by NGO United RWAs Joint Action seeking an audit of the discoms’ accounts by the Comptroller and Auditor General (CAG).

The counsel for discoms opposed the Delhi government plea, saying the court should not allow them time as all the parties in the matter have concluded their arguments and it was their turn now. He also said that if they do not argue over the matter, the court should allow their application seeking interim stay on the CAG audit. The court said that if the government did not argue over the matter on the next date, it will hear their stay application and decide it. The discoms have moved the larger bench of the court against its single judge’s order of January 24 refusing to stall CAG audit and asking them to “fully cooperate with the Comptroller and Auditor General in the audit process”.

On July 22, TPDDL had contended in court that the Aam Aadmi Party (AAP) had pre-decided to have CAG audit of private discoms and its government later violated statutory and constitutional provisions to fulfill the poll promise.

The three private firms came 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 the private companies and the Delhi government.

In their pleas, the discoms have contended that Delhi government’s decision asking CAG to audit the power companies’ accounts is “patently” illegal on several counts.
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