The Comptroller and Auditor General and Delhi government on Tuesday told the Delhi high court that the three discoms are violating its order by not cooperating with the auditing body.
They submitted before a bench of Acting Chief Justice B D Ahmed and Justice S Mridul that the discoms were not providing documents sought by the CAG after the firms sought that their appeal against the order of the single-judge of the high court, directing them to cooperate with the auditor, be heard on March 7.
The discoms sought an adjournment on the grounds that the matter pertaining to CAG audit of telecom firms is coming before the Supreme Court tomorrow.
On the other hand, advocate Prashant Bhushan appearing for Delhi government said that first of all "this appeal does not lie as they (discoms) are in contempt of the single judge's order".
Senior advocate Aman Lekhi, appearing for CAG, also agreed with Bhushan's submission that the discoms - Tata Power Delhi Distribution Ltd (TPDDL) and Reliance Anil Dhirubhai Ambani Group firms, BSES Rajdhani Power Ltd and BSES Yamuna Power Ltd - are not cooperating with it.
Bhushan and Lekhi sought that the matter be listed before the division bench which is hearing a PIL by a joint association of RWAs who are seeking CAG audit of discoms.
The court, however, renotified the matter before it on March 24.
The court was hearing the intra-court appeal of the three discoms who have challenged the January 24 order of the single judge who had not only refused to stall the CAG audit of the discoms but also asked them to co-operate with the top auditor by furnishing the details sought.
The discoms had initially moved the high court against the January 7 decision of the Aam Aadmi Party-led government ordering CAG audit, saying the top auditor is not empowered to scrutinise accounts of private companies.
The three private firms had come into being in 2002 when the then Delhi government decided to privatise power distribution.
Delhi discoms are a 51:49 per cent joint venture between private companies and Delhi government.
Meanwhile, Tata Power Delhi Distribution Ltd (TPDDL) opposed the contention of CAG and Delhi government saying it is "co-operating fully" with the top auditor in pursuance of the high court's direction.
"Out of the 33 requisitions by the auditor (CAG), TPDDL has already responded to 24. These 24 requisitions consists of 161 queries out of which 139 have been responded. For the pending queries owing to the voluminous nature of data of the requisitions, some amount of time is needed to compile and respond," the discom said in a press statement.
The discom has also said in its statement that "till date 13 special meetings have been scheduled to provide them (CAG) info regarding IT, technology, billing, regulations, etc. and we have also shared documents related to tariff petitions, tariff orders, financials, regulations, Supreme Court orders, supply code, CEA guidelines, PPAs etc. for clarifying their queries."