The Delhi High Court has stayed the Comptroller and Auditor General (CAG) audit of the accounts of Ajmer Sharif Dargah. Justice Sachin Datta found credibility in the contention of Dargah's submission that the requirements under Section 20 of the CAG Act were not satisfied.The Court was dealing with two pleas filed by Anjuman Moinia Fakhria Chishtiya Khudd Khwaja Sahib Syedzadgan (Regd.)...
The Delhi High Court has stayed the Comptroller and Auditor General (CAG) audit of the accounts of Ajmer Sharif Dargah.
Justice Sachin Datta found credibility in the contention of Dargah's submission that the requirements under Section 20 of the CAG Act were not satisfied.
The Court was dealing with two pleas filed by Anjuman Moinia Fakhria Chishtiya Khudd Khwaja Sahib Syedzadgan (Regd.) Dargah Sharif, Ajmer.
One of the petitions challenged a letter issued by Ministry of Minority Affairs in March last year stating that there was a proposal to the CA&G to conduct the audit of income or expenditure of both the Anjumans- Anjuman Moinia Fakhriya Chishtiya Khuddam Khwaja Saheb (Syedzadgan) and Anjuman Moinia Fakhriya Chishtiya Khuddam Khwaja Saheb (Shaikhzadgan).
The other petition challenged the audit sought to be conducted by the CAG in respect of the petitioner society. The audit was premised on the basis that the Presidential assent, required in terms of Section 20(1) of the CAG Act, stood granted.
The petitioner society submitted that the proposed audit by the CAG was in utter infraction of Section 20 of the CAG Act.
It was submitted that when the impugned letter was issued by the Ministry of Minority Affairs, the CAG had not even assented to the conduct of audit pursuant to proposal of the concerned Ministry.
The Court had asked CAG's counsel two queries- first, if the CAG had agreed to the conduct of audit of the petitioner society when the letter was issued in March last year and second, whether the terms and conditions regarding the conduct of audit was agreed upon or not when the communication was issued by Ministry of Finance to the CAG on January 13?
The answer to both the queries was in negative. The counsel also informed that the audit of the petitioner society had not yet commenced.
“In the circumstances, as an interim measure, it is directed that till the next date of hearing, no further steps shall be taken by the CAG pursuant to communication dated 30.01.2025,” the Court said.
The matter will now be heard on July 28.
Title: ANJUMAN MOINIA FAKHRIA CHISHTIYA KHUDDAM KHWAJA SAHIB SYEDZADGAN (REGD.) DARGAH SHARIF, AJMER v. UNION OF INDIA AND ANR and other connected matter
Citation: 2025 LiveLaw (Del) 597