High Court Seeks Delhi Govt's Stand In BJP MLAs Plea For Tabling 12 CAG Reports On 'Finance, Pollution, Liquor' Before Assembly

The Delhi High Court on Tuesday sought the AAP led Delhi government's stand in a plea by various BJP leaders seeking a direction to the government to send 12 CAG reports pertaining to "Finance, pollution, administration and liquor" to Lieutenant Governor VK Saxena for presenting the same before the Legislative Assembly.

A single judge bench of Justice Sanjeev Narula issued notice to the respondents–Delhi government's Ministry of Finance, the office of Speaker–Delhi Legislative Assembly, the Lieutenant Governor, the Comptroller and Auditor General of India (CAG) and the Accountant General (audit), Delhi. 

The plea moved by Leader of Opposition in the Delhi Legislative Assembly Vijender Gupta and six BJP MLAs Mohan Singh Bisht, Om Prakash Sharma, Ajay Kumar Mahawar, Abhay Verma, Anil Kumar Bajpai and Jitendra Mahajan, has now been listed on December 9. 

During the hearing senior advocate Mahesh Jethmalani appearing for the petitioners said, "This is a petition which seeks a mandamus against the state government and the finance ministry in particular, for refusal to submit 12 audit reports of the CAG to the authority concerned namely the LG for listing it for public discussion in the Delhi State Assembly. It is a statutory, mandatory duty. These 12 reports pertain to extremely sensitive issues".

The plea states that Comptroller and Auditor General of India is mandated under Chapter V of the Constitution of India to promote accountability, transparency and good governance through high quality auditing and accounting.

"The CAG is a “Constitutional watchdog” created with the objective to provide independent and credible assurance to the Public, the Legislature and the Executive that the public funds are being collected and being used effectively and efficiently," it adds.

It states that in Delhi, "12 CAG reports" pertaining to finance, pollution, administration and liquor have not been placed before the LG by the Delhi government's Ministry of Finance, GNCTD.

It states that "no reports from 2017-2018 to 2021-2022" are being tabled in the Delhi Legislative Assembly as the "Principal Secretary (Finance) has not sent any proposal to the Lt. Governor of Delhi till date".

The plea claims that the "delay is not merely a procedural oversight but a serious violation of our constitutional obligations".

The plea states that the inaction of Delhi government's ministry of finance in with holding the 12 CAG reports and not sending the proposals to the LG is grossly illegal, violative of both constitutional and statutory directives and breach of the public's trust.

The plea seeks a direction to Delhi government's Ministry of Finance to send a proposal to the LG for exercising his duties under Article 151(2) of the Constitution of India, Regulation 210(1) of the Regulations on Audit and Accounts (Forwarding copies of audit report for laying before legislature), and Section 48 of the Government of National Capital Territory of Delhi Act.

As per Article 151(2) of the Constitution, CAG reports relating to the accounts of a State shall be submitted to the Governor of the State, who shall cause them to be laid before the Legislature of the State.

Section 48 of GNCTD Act states that CAG reports relating to the accounts of the Capital for any period subsequent to the date referred to in sub-section (1) of section 46 shall be submitted to the Lieutenant Governor who shall cause them to be laid before the Legislative Assembly.

Case title: Vijender Gupta & Ors v. GNCTD & Ors