-Report by Saloni Agarwal
The Delhi High Court in Bhupinder Singh & Anr. Vs LT Governor decided whether the PIL filed is justified or not and looked into the fund’s misappropriation issue.
Facts:
The Delhi Sikh Gurudwara Management Committee and GHPS Society had mismanaged and misappropriated the funds and illegally removed the fund by conspiring with the members. They also run educational institutions the funds of which was also exploited by the member of the institute. The office members were involved in this misdeed.
Appellant’s Contention:
The plaintiff had filed a PIL to have a yearly audit of the entire accounts of the committee and society and provide appropriate guidance to the same due to the misappropriation of funds. It also asked to adhere to the appropriate sections of the DSG Act and a direction to conduct a Special Audit should be given.
Respondent’s Contention:
The only question which arose was that is the PIL filed by the appellant was acceptable and can this be heard in the Delhi High Court. The respondent also filled in small affidavits during the same.
Judgment:
The court said that the matter of misappropriation of the fund was already decided. The right to act on the PIL was with the district court and not with them. It also said that the PIL was not acceptable firstly because there are a given law, process,and procedures by the Chartered Accountants of India to carry out the audit function so deviation from it makes no point and secondly the Comptroller and Auditor General of India cannot voluntarily carry out an audit on its own when the laws exist for the same. The PIL was dismissed.
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