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2014 Supreme(Del) 2748

HIGH COURT OF DELHI
RAJIV SAHAI ENDLAW, J.
SARVESH BISARIA – Petitioner
Versus
UOI AND ORS. – Respondents
W.P.(C) 8502/2014
Decided On : 03-12-2014

Advocates Appeared:
Petitioner-in-person.
Mr. Sanjay Jain, ASG with Mr. Jasmeet Singh, CGSC, Ms. Pallavi Shali & Ms. Kritika, Advs. for UOI. Mr. R.V. Sinha with Mr. A.S. Singh, Advs. for R-3/CVC.

Headnote:

Constitution of India, 1950 - Article 226 - Public Interest Litigation - Writ of mandamus - CAG Annual Reports - Maintainability of PIL - Role of CAG Reports is to enable the legislature to oversee that functioning of the Government - It is for the legislature to take action on the basis of CAG Reports or to direct the Government to take action on the basis thereof - Till the legislature has not so directed, this Court cannot direct any action to be taken on the basis of the CAG Reports - Petitioner wants us to issue a mandamus, for the CAG Reports, even before they are placed before the Parliament / Legislature and before the Parliament / Legislature has accepted or rejected the same, to become the basis of investigation by CVC and / or Lokpal / Lokayukta - This is not permitted under the Constitutional scheme - Petition is thoroughly misconceived and is dismissed.

JUDGMENT :

RAJIV SAHAI ENDLAW, J.

1. This petition under Article 226 of the Constitution of India, filed as a Public Interest Litigation (PIL) seeks the following relief:

“It is therefore, most respectfully prayed that Your Lordships may graciously be pleased to issue a writ of mandamus or any other suitable writ, order or directions to the respondents to treat the CAG Annual Reports are (sic for as) complaint/reference in terms of the provisions of CVC Act and Lok Pal and Lokayuktas Act and proceed further in accordance with the said statute in a time bound manner, or may pass any other order or orders or directions as may deem fit and proper in the interest of justice, and also award costs in favour of the Petitioner.”


Against the respondents No.1&2 Union of India (UOI), respondent No.3 Central Vigilance Commission (CVC), respondent No.4 Lok Pal and the respondent No.5 Office of Comptroller & Auditor General (CAG).

2. Though the petition is filed by a practicing Advocate of this Court but in the entire petition, no basis in law, for the aforesaid reliefs claimed is disclosed. All that the petition does is:-

(i) give the history of Comptroller & Auditor General’s (Duties, Powers and Conditions of Service) Act, 1971 (CAG Act), by referring to Exchequer and Audit Departments Act, 1866 and the Government of India Act, 1935;

(ii) plead the high respect which the reports of the CAG have enjoyed since times immemorial;

(iii) reproduce Articles 148, 149 and 151 of the Constitution of India; (iv) reproduce Sections 15(1), 18(1) and 20(1) of the CAG Act; (v) plead the organizational structure of the Indian Audit and Accounts Department headed by the CAG;

(vi) plead the importance of audit;

(vii) plead the queries made by the petitioner to the office of the CAG and the replies received thereto;

(viii) plead the history of CVC, leading to the Central Vigilance Commission Act, 2003 (CVC Act);

(ix) reproduce Sections 8 & 17 of the CVC Act;

(x) draw attention to the Lokpal and Lokayuktas Act, 2013 (Lokpal Act);

(xi) plead the queries under the Right to Information (RTI) Act, 2005 made by the petitioner to the Lok Sabha and Rajya Sabha Secretariats and the reply received thereto;

(xii) urge the grounds;

(xiii) from the reply received from the Lok Sabha Secretariat contend that no punitive action has ever been taken by the Lok Sabha on the basis of the CAG report;

(xiv) urge that since crores of rupees are spent on the office of the CAG and the independence of the CAG is unquestionable, Govt. has erred in not taking any action on the basis of the said reports;

(xv) urge that the provisions of the CVC Act and the Lokpal Act

should be used to take action on the basis of the CAG reports; and

(xvi) urge that the Public Accounts Committee (PAC) of the Parliament to which the CAG reports are finally sent is a silent spectator and till date has not taken the CAG reports to their logical conclusion by referring them to the CVC or the Lokpal.

3. We at the outset only enquired from the petitioner appearing in person, whether not the petitioner was wanting us to rewrite the Constitution. Chapter V (titled Comptroller and Auditor General of India) of Part V (titled The Union) of the Constitution deals with the Comptroller & Auditor General of India (CAG). Article 148 therein prescribes for a CAG to be appointed by the President and the manner and terms and conditions of appointment and removal thereof. Article 149 thereunder prescribes the duties and powers of the CAG. Article 150 provides that the accounts of the Union and of the State to be kept in such form as the President may, on the advise of the CAG prescribe; and finally Article 151 provides that the reports of the CAG relating to the accounts of the Union shall be submitted to the President, who shall cause them to be laid before each House of the Parliament and the reports of the CAG relating to the accounts of a State shall be submitted to the Governor of the State who shall cause them to be l





















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