New Delhi, Feb 7: Three power discoms moved  the Delhi|city|metropolis|urban center} high court Friday against the order of one judge refusing to stay a Delhi government directive for a comptroller and Auditor General (CAG) audit of their finances since their inception in 2002.

A division bench of chief justice N.V. Ramana posted the pleas for Feb 14.

Justice Manmohan had Jan 24 had refused to remain the government’s order for the audit. The discoms alleged that the audit was ordered by the govt. with a “predetermined mind”.

The 3 discoms – Tata Power Delhi Distribution Ltd., BSES Rajdhani and BSES Yamuna – that supply power to consumers in Delhi, alleged that the Delhi government’s order was a political ploy.

Saying that audit may be a serious issue, the discoms had asked the court to examine the legality of the order.

Before the single judge, they had said that the audit order was passed with “malice in law”, while not giving the discoms a chance to be heard.

The existing rules limit the audit power of the CAG to government companies, and below the Electricity Act, Delhi lieutenant governor Najeeb Jung should have initiated the audit order instead of agreeing with the government’s decision, the discoms said.

Meanwhile, advocate Prashant Bhushan, who appeared for the Delhi government, had argued that the govt. had 49 % share in each of the 3 discoms.

Jung had Jan 1 directed the CAG to undertake the audit.

Chief Minister Arvind Kejriwal, soon when assuming office Dec 28, met CAG Shashi Kant Sharma and urged him to audit the 3 private firms.

He alleged that the discoms were overcharging the customers.

On Jan 7, the Delhi government ordered an audit of the discoms by the CAG. The discoms then filed writ petitions before the Delhi high court.