The Delhi High Court Friday sought response of the AAP government on a plea seeking action against Chief Minister Arvind Kejriwal and his council of ministers for incorporating the Delhi Healthcare Corporation Ltd without approval of the Lieutenant Governor (LG).
A bench of Chief Justice D N Patel and Justice C Hari Shankar asked Delhi government additional standing counsel Sanjoy Ghose to seek instructions on the issue raised in the petition and listed the matter for further hearing on September 17.
The court made it clear that it has not issued notice in the matter.
During the brief hearing, Ghose opposed the plea saying it was without any legal basis.
The plea by Abhijit Mishra, a financial economist, has claimed that the
Delhi Healthcare Corporation Ltd (DHCL) was incorporated on May 12, 2016 without approval or authorisation of the LG, which was a violation of various laws, and has sought directions to the LG to take action against the chief minister and council of ministers of Delhi.
"...directions to the respondents particularly the Lt. Governor, to take appropriate action against the Chief Minister and Council of Ministers and corrupt officials of the Government of NCT of Delhi for acting with malicious intention to defraud the National Capital Territory of Delhi's state funds," the plea, filed through advocate Payal Bahl, has alleged.
Mishra, in his plea, has contended that not taking the LG's approval amounts to "blatant violation" of Articles 239AA and 299 of the Constitution of India as well as various other statutory provisions, including the Government of National Capital Territory of Delhi Act, Public Records Act, Companies Act and the Transaction of Business Rules.
The petition has said that DHCL was incorporated as a public limited company by the Delhi government "for providing non-clinical, administrative and support services to hospital/health units on behalf of Department of Health and Family Welfare".
"That neither the Government of NCT of Delhi nor the Directors of the DHCL have filed any details of Annual General Meeting and annual return or balance sheet since incorporation by the Registrar of Companies.
"The Directors of DHCL have not got the balance sheet and books of accounts audited by the Auditor and Comptroller General of India as per the statutory rules of the Companies Act. Thus, DHCL is existing in contravention of the Companies Act and rules," the petition has claimed.
It has also sought directions to the Auditor and Comptroller General of India to audit the accounts, functions and role of DHCL.
Apart from that the petition has sought initiation of corruption proceedings against the chief minister, his Cabinet and the officials who have signed the Memorandum of Association and appointed Directors of DHCL.
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