Delhi High Court rejects plea to probe irregularities flagged by CAG in report on Delhi's Directorate of AYUSH

The Delhi High Court on Thursday rejected a plea for a court-monitored investigation to scrutinize irregularities flagged in the Delhi government's AYUSH Directorate by the Comptroller and Auditor General of India (CAG). [Tarun Narang vs State (Govt of NCT of Delhi) and Ors].A Bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula noted that based on the Delhi government's affidavit, constructive steps were evidently underway.As such, the Court found no reason to direct a court-monitored probe. It stated,"It is not a mechanism to be employed routinely or without just cause. We must preserve its weight for situations where the State appears either ignorant or non-cognizant of issues. Resorting to such an investigation without substantial reasoning could inadvertently diminish its efficacy.".The Court also expressed hope that the Delhi government remains steadfast in it mission taking insights from the CAG report, identifying the areas of improvement as outlined in its affidavit and implementing remedial measures..The Court was hearing a public interest litigation (PIL) alleging that the Directorate of AYUSH of the Delhi government had failed to perform its functions effectively, leading to deficiencies and irregularities in the capital's healthcare system.According to the petitioner, the shortcomings have denied citizens access to quality healthcare services under the AYUSH framework of medicine within Delhi. Therefore, he urged the Court to issue a series of directives aimed at rectifying the issues highlighted in the CAG audit report..Between May and August of 2017, the CAG undertook a comprehensive performance audit that scrutinized the operations of 24 dispensaries and 3 hospitals under the purview of the Directorate.This audit, which covered a five-year span from 2012 to 2017, aimed to evaluate the efficacy of the Directorate's initiatives and programs.Specifically, the audit sought to determine whether these initiatives were effective in advancing the use of alternative medicinal systems in healthcare delivery, as well as to promote research and education in these domains.The CAG Report exposed significant shortcomings in both planning and implementation of AYUSH-related schemes and programmes by the Directorate..As per the Court's assessment, the Delhi government and the relevant departments including the Directorate were well-aware of the concerns raised in the CAG Report. "The assertions in the affidavit indicate that that they have either already taken or are currently taking appropriate measures to address concern," the Court noted.The Court further noted that in response to the report, the Delhi government had made alterations to procurement policies. It also noted that the government was addressing the need of conducting market surveys to detect illegal drugs, ensuring compliance with relevant laws and regulations and the deployment of drug inspectors in these processes.Accordingly, the Court noted that since constructive steps were underway, a court-monitored investigation was not necessary..Turning its attention to the prayer clause, the Court noted that it contained directions for the provision of "quality healthcare," ensuring the availability of "adequate" medicines with an appropriate "shelf life," overseeing the inspections of manufacturing units and championing "transparency and competition" in procurement processes.These prayers, as per the Court, cast a wide and somewhat nebulous net. It reiterated that a foundational principle of our Constitution is that the judiciary must avoid encroaching upon the functions vested in the executive.Furthermore, the Court noted that the petitioner had not approached the Delhi government first, and criticized the practice of filing PILs without prior communication with relevant authorities..Finally, the Court acknowledged that the CAG report showed a marked increase in in-patient admissions and out-patient visits across all three hospitals and dispensaries of the Directorate during the period 2012-2017.Stating that such a trend signifies a growing recognition and trust in the effectiveness of the Indian system of medicines, the Court urged the Delhi government to continue to amplify the utilization of alternative medical systems in healthcare, and bolster research and education in these domains."The same must be achieved through strategic planning and efficient execution of AYUSH schemes and initiatives," the Court said..The petitioner was represented by advocates Avinash Chaudhary, Surjeet Singh and Amit Naagar.The Delhi government was represented by Additional Standing Counsel (ASC) Anupam Srivastava and advocate Ujjawal Malhotra..[Read Judgment]