Ramnaresh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5801 of 2026 ====================================================== Ramnaresh Rai S/o- Ram Nandan Rai, Presently posted as In-Charge Headmaster, Madhya Vidyalaya, Sadipur, P.S.- Ballia, District- Begusarai, Resident of Village- Shadipur Diyara, P.S.- Balia, District- Begusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Education Bihar, Patna.

2.

The Chief Election Commissioner of India through its Secretary, New Delhi, 3.

The District Magistrate -cum- District Election Officer, Begusarai. 4.

The District Magistrate, Begusarai.

5.

The District Education Officer, Begusarai.

6.

The Block Education Officer, Ballia.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sabal Kumar Jha For the ECI Mr Siddhartha Prasad For the State Mr. Standing Counsel 8 Mr. Sanjay Kumar, AC to SC 8 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 28-04-2026 Heard the learned counsel for the petitioner, learned counsel for the Chief Election Commissioner of India and learned counsel for the respondent-State.

2. With the consent of the parties, this writ application is being disposed of at this stage itself.

3. In the present writ application, the petitioner has prayed for the grant of the following reliefs:- "(a) A mandamus commanding and directing the respondents to grant medical leave till full recovery of the petitioner;

2/4 (b) A mandamus commanding and directing the respondents to treat the injury as sustained during official election duty and pay adequate compensation;

(c) A mandamus commanding and directing the respondents that the period of absence be treated as duty period with full salary and service continuity;

(d) A mandamus commanding and directing the respondents that not to compel the petitioner to perform duty till full medical recovery;

(e) A mandamus commanding and directing the respondents that immediate medical examination through a Government Medical Board."

4. After advancing some argument, learned counsel for the petitioner submits that for seeking the aforesaid reliefs, the petitioner is prepared to file a fresh representation before the District Magistrate-cum-District Election Officer, Begusarai (respondent no.3) and he, therefore, prays that an appropriate direction be issued to the District Magistrate-cum-District Election Officer, Begusarai to dispose of the representation of the petitioner within a fixed time-frame, after giving an opportunity of hearing to the petitioner.

5. To the aforesaid submission made by the learned

3/4 counsel for the petitioner, learned counsels appearing for the Chief Election Commissioner of India and for the respondentState do not have any objection.

6. Considering the limited nature of prayer made by learned counsel for the petitioner, this writ application is disposed of, granting liberty to the petitioner to file a fresh representation before the District Magistrate-cum-District Election Officer, Begusarai within one month from today. If such a representation is filed by the petitioner within the stipulated time, the same shall be heard and disposed of within a further period of three months from the date of receipt of the representation.

7. Needless to emphasize that the final order, which shall be passed by District Magistrate-cum-District Election Officer, Begusarai, should be a reasoned and speaking order, and in case the petitioner is found entitled to the reliefs, which the petitioner would be claiming through the representation, then the same should be extended to the petitioner within a further period of three months from the date of passing of the final order.

8. With the aforesaid observation/direction and liberty granted, the present writ application stands disposed of.

4/4

9. All pending interlocutory application(s), if any, shall also be deemed to have been disposed of. (Alok Kumar Sinha, J) HR/- U