Tata Power moves larger HC Bench against order on CAG audit

Tata Power Delhi Distribution Ltd, one of the three private discoms in this city, on Tuesday moved the high court here against a single-judge order refusing to stay the city government's decision asking the Comptroller and Auditor General (CAG) of India to audit its accounts.

The single-judge had on January 24 not allowed the plea for interim relief to Reliance Anil Dhirubhai Ambani Group firms BSES Rajdhani Power Ltd, BSES Yamuna Power Ltd, and Tata Power Delhi Distribution Ltd, that the order of CAG audit of their accounts be stayed. Senior advocate Sandeep Sethi, appearing for the Tata firm, mentioned the intra-court appeal against the order before a Bench of judges B D Ahmed and Sidhharth Mridul and sought urgent listing and hearing.

"The records are voluminous and it will take at least two days in getting the petition listed for hearing by the (HC) registry. The matter requires urgent hearing," he said. "You file it in the registry," the Bench said.

Earlier, the single-judge had not only refused to stall the CAG audit but also asked the discoms to co-operate with the top auditor by furnishing the details sought.

"This court is of the view that these matters require detailed hearing. Issue notice....However, the prayer for the stay on the audit/impugned order (of Delhi government) is declined. The CAG of India shall not submit the report (to the government) till March 19, next date of hearing," the court had said.

Discoms had moved the court against the January 7 decision of the Aam Aadmi Party-led government ordering CAG audit, saying the top auditor is not empowered to scrutinise accounts of private companies.

Prashant Bhushan, appearing for Delhi government, had opposed the plea of the discoms that CAG was not empowered to audit them and rather sought transfer of the pleas to a division Bench which is hearing a PIL on the same issue.

Senior advocate Harish Salve, appearing for the Tata firm, had said the CAG Act provides for "safeguard" and deals with "body and authorities", besides the central and state government and their companies, which can be subjected to an audit by CAG and private firms cannot be audited by the auditor.