Incorporation of DHCL challenged in Delhi High Court, Notice Issued

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Published On: November 08, 2021 at 17:20 IST

Delhi High Court today issued notice on PIL seeking intervention in unconstitutional incorporation and operations of the Delhi Healthcare Corporation Limited which is a registered Company under Companies Act 2013 of the Government of Government of NCT Delhi.

The Petition was by Abhijit Mishra under Article 226 of The Indian Constitution.

The Government of National Capital Territory of Delhi has incorporated the Delhi Healthcare Corporation Limited without the approval and authorization of the Honorable Lt. Governor in blatant violation of the Article 239AA and 299 Constitution of India, The Government of National Capital Territory of Delhi Act 1991, The Companies Act 2013, The Transaction of Business of the Government of National Capital Territory of Delhi Rules 1993 and Rules of Procedure and Conduct of Business in the Legislative Assembly of National Capital Territory of Delhi.

That the Comptroller General and Auditor of India has not audited the books of accounts of the “Delhi Healthcare Corporation Limited” since 2016 till date under the provision of Section 48 of the Government of NCT of Delhi Act 1991.

Further, the Comptroller and Auditor General of India has not received any request or mandate to audit or review or inspect the books of accounts and operations of Delhi Healthcare Corporation Limited from the Government of NCT of Delhi since 2016 till date.

That the Government of NCT of Delhi has not presented or tabled the audit report, annual report and comments upon or supplement to the audit report of the Delhi Healthcare Corporation Limited before the Legislative Assembly of the National Capital Territory of Delhi in the year 2016, 2017, 2018 and 2019.

The PIL was filed with the following prayers:-

1. To investigate the incorporated “Healthcare Corporation Limited” in the contravention Constitution of India, Government of National Capital Territory of Delhi Act 1991 and Transaction of Business of the Government of National Capital Territory of Delhi Rules, 1993.
2. To direct the Auditor and Comptroller General of India to audit the accounts, functions and role of the “Delhi Healthcare Corporation Limited” and to submit the report to the Honorable Lt. Governor, Government of NCT of Delhi along with the violation under various acts such as Government of NCT of Delhi Act, Companies Act, Goods and Services Act etc.
3. To take appropriate action against the erring officials of the Government of NCT of Delhi for acting with malicious intention to defraud the National Capital Territory of Delhi’s state funds under the provision of CCS Rules if found guilty.
4. To direct the Lt. Governor to instruct Delhi Police – Economic Offence Wing to initiate criminal investigation proceeding for criminal breach of trust and misappropriation of state funds against the officials of the Government of National Capital Territory of Delhi.

Hon’ble High Court of Delhi issued notices on 8^th November 2021, regarding the above mentioned. The matter was represented by Learned Advocate Payal Bahl and Advocate Prakhar Gupta.

Petition Copy

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