CAG Defends Audit Of Ajmer Sharif Dargah Accounts As Plea In Delhi High Court Alleges ‘Unlawful Search’
The CAG opposed a plea in the Delhi High Court challenging its audit of Ajmer Sharif Dargah. The petitioners argued that the audit was unlawful and contrary to CAG Act and Societies Registration Act.
New Delhi, May 1 (PTI) The Comptroller and Auditor General of India on Thursday opposed in the Delhi High Court a plea challenging its process of auditing the accounts of Ajmer Sharif Dargah and claimed adherence to the legal procedure.
Justice Sachin Datta, who was informed about the CAG's reply to the dargah's plea, granted time to petitioners to file a rejoinder and posted the hearing on May 7.
The court was hearing a plea by Anjuman Moinia Fakhria Chishtiya Khuddam Khwaja Sahib Syedzadgan Dargah Sharif, Ajmer, and another registered society against "unlawful search/visit by the officials of the CAG at the office premises of the petitioner" without any prior notice contrary to the provisions of the Comptroller and Auditor General's (Duties, Powers, and Conditions of Service) (DPC) Act, 1971 and Societies Registration Act.
The petitioners sought a direction to the respondents not to conduct audit of the petitioner societies being contrary to the provisions of the Comptroller and Auditor General's (Duties, Powers and Conditions of Service) Act, 1971 and the Societies Registration Act, 1860.
The CAG's response said the Ministry of Minority Affairs on March 14, 2024 already informed the petitioner that to improve the management of dargah affairs an audit by the CAG is proposed and provided an opportunity to make a representation against such audit.
"It is a matter of record that representation was duly made by the petitioner wherein they submitted their objections to the proposed audit by the CAG and the same grounds as are being envisaged in this petition were mentioned therein. The respondent No. 1 (Centre) vide letter dated October 17, 2024 disposed of the objections of the petitioner and thus the mandate of the Act has been duly followed," it said.
The authority further said the authorisation of President was received and it was informed to the CAG by the Ministry of Finance through a January 30 this year letter.
The petitioners argued the mandatory statutory procedure for such audits, as set out in the CAG Act, stipulated that the ministry concerned should sent a communication to CAG.
The communication, they said, should seek to have the petitioner society audited by CAG and comprise the terms and conditions based on which the audit should be conducted in addition to being agreed upon between CAG and the ministry concerned.
Subsequently the terms and conditions should be served on the petitioner following which it was entitled to make a representation to ministry concerned, they added.
The petitioners said it also required, firstly, President's or Governor's assent before the terms of audit were agreed upon.
On April 28, the court indicated it was inclined to stay the CAG process of auditing the accounts of the dargah and asked the CAG's counsel to take instructions on the issue and make clear his stand.
The court was informed by the dargah's counsel that they hadn't been served with the terms of the audit.
(This report has been published as part of the auto-generated syndicate wire feed. Apart from the headline, no editing has been done in the copy by ABP Live.)
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