The Delhi High Court has dismissed PIL filed seeking direction to Comptroller and Auditor General of India (CAG) for special audit of finances of Delhi Sikh Gurdwara Management Committee and Guru Harkrishan Public School Society.
A Division Bench of Justice Manmohan and Justice Saurabh Banerjee dismissed the petition as 'not maintainable' on account of Delhi Sikh Gurdwaras Act, 1971 being in place.
"The present PIL being not maintainable, cannot be entertained by this Court on two further counts, firstly, as there is already an applicable law, the DSG Act with the complete methodology and mechanism for carrying out an audit by Chartered Accountants after due nomination by the Committee selected under the said DSG Act in place and secondly, as there is already an existing law, the CAG Act, wherein the C&AG cannot voluntarily carry out an audit on its own save and except as provided in the CAG Act," the Court observed.
The best case of the petitioners is qua mismanagement and illegal abstraction by the Committee and the GHPS Society, for which they have not followed the due process of law (Rule 15A, DSGMC Rules) and have instead chosen the wrong forum for redressal of their grievances (Section 32(c), DSG Act), it remarked.
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