Interim protection continues pending consideration of a representation based on a subsequent inquiry report.

The petitioners challenged orders dated 28 February 2019 and 29 May 2019 concerning allegations against the society; in W.P. No. 12253 of 2019, they also challenged a letter dated 14 June 2019 seeking registration of an FIR against members of the society.

The petitioners relied on a subsequent report dated 28 July 2021 by the Deputy Director, Fisheries, which they said exonerated the society, and sought reconsideration of the matter.

The State submitted that the impugned order was based on a report finding the society guilty, but that the petitioners could submit a representation concerning the later report.

Whether the petitioners should be permitted to seek reconsideration of the impugned decisions by making a fresh representation based on the subsequent inquiry report.

Whether interim protection should continue pending the authority’s decision on that representation.

The petitions were brought under Article 226 of the Constitution of India.

The Court did not apply or discuss any specific statutory provision or precedent on the merits.

It directed the competent authority to consider a fresh representation, accompanied by the subsequent inquiry report, and to issue a reasoned and speaking order in accordance with law; it also continued the existing interim order until that decision.

In light of the petitioners’ reliance on a later inquiry report and the State’s submission that the report could be placed before the competent authority, the Court allowed the petitioners to pursue that administrative remedy rather than determine the merits of the allegations or the validity of the impugned orders.

To preserve the position while the representation was pending, it continued the interim order dated 8 April 2019.

The Court expressly left the merits to the authority’s independent consideration.

It directed that, if the petitioners filed a fresh representation before respondent No. 2, accompanied by the inquiry report dated 28 July 2021, within 15 days, that respondent must decide it by a reasoned and speaking order within 90 days of submission.

The interim order dated 8 April 2019 was to remain in force until the representation was decided.