The Delhi High Court has issued a major order regarding the audit proposed by the Comptroller and Auditor General (CAG) of the accounts of Ajmer Sharif Dargah. The High Court has banned this audit.
Justice Sachin Dutta imposed an interim ban on the petitions of Anjuman Moinia Fakharia Khwaja Saheb Syedjadgan Dargah Sharif and another registered society in Ajmer, Rajasthan.
The court, in its order of May 14, found the arguments of the petitioners reliable that the requirements under Section 20 of the CAG Act were not implemented or satisfied in the case. This provision relates to audit of accounts of certain authorities or bodies.
The order provided on May 21 states, “The lawyer appearing on behalf of the CAG also stated that the petitioner’s audit has not started yet … In an interim measure, it is directed that no more steps will be taken by the CAG till the next date of hearing on 30 January, 2025 communication by the CAG.”
The court then fixed the next hearing of the case on 28 July. The CAG opposed the petitions challenging its process of audit of the dargah accounts, saying it had fully followed the process of law.
The court was hearing the petitions in which it was alleged that without any notice or notice, illegal searches were conducted or visited by the CAG officers in the office premises of the petitioners, which is contrary to the provisions of the Comptroller and Auditor General (Duties, Powers and Service Conditions) Act, 1971 and the Society Registration Act, 1860.
The CAG said in its reply that the Ministry of Minority Affairs had already informed the petitioner on March 14, 2024 that the Central Authority has proposed an audit to improve the management of the dargah affairs and provided an opportunity to represent against such audit.
It said, “It is in the record that the petitioner was duly represented, in which he presented his objections on the audit proposed by the CAG and the grounds that have been envisaged in this petition were mentioned. The defendant 1 (center) settled the petitioner’s objections through a letter of 17 October, 2024 and the order of the Act has been complied with.”
The CAG said that the President of India has been received and the Finance Ministry has informed the CAG through a letter on 30 January this year.
However, the petitioners argued that for such audit prescribed in the CAG Act, a letter should be sent to the CAG to the concerned Ministry as per the compulsory statutory procedure.
It states that the letter should demand an audit of the petitioner Society by the CAG, the terms and conditions on which the audit should be audited, should be agreed between the CAG and the concerned Ministry, and the petitioner will be given the terms and conditions to the petitioner, after which he will be entitled to present his orientation before the concerned ministry.
In addition, the approval of the President or Governor is also necessary before consent on audit terms.
