[2025:RJ-JP:19129] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5829/2025 M/s Eskag Sanjeevani Pvt. Ltd., Having Registered Office At P- 48, Kshirod Vidya Vinod Avenue, Bagh Batar, Kolkata, West Bengal Through Its Legal Officer Mr. Kaushik Kishore Ghosh Aged 47 Years. ----Petitioner Versus 1. State Of Rajasthan, Through Its Principal Secretary, Department Of Medical And Health And Family Welfare, Government Of Rajasthan, Secretariat, Jaipur. 2. The Joint Director (H.A), Directorate Medical And Health Services, Swasthya Bhawan, Behind Secretariat, C- Scheme, Ashok Nagar, Jaipur. 3. The Director (PH), Directorate Medical And Health Services, Swasthya Bhawan, Behind Secretariat, C- Scheme, Ashok Nagar, Jaipur. ----Respondents For Petitioner(s) : Mr. Harshit Mittal with Mr. Akash Saxena HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 06/05/2025 Learned counsel for the petitioner submits that S.B. Civil Writ Petition No.17741/2024 was preferred by the petitioner against a show cause notice dated 24.10.2024 issued by respondents. It is submitted that said writ petition was disposed of on 22.11.2024 with direction to the petitioner to file an appeal under section 38 of the RTPP Act of 2012 before the statutory appellate authority and further directing the appellate authority that if any such appeal is preferred by the petitioner, appellate authority shall hear and decide the same expeditiously, as early as possible, preferably within a period of 15 days, strictly in accordance with law. Thereafter, first appeal was preferred by the petitioner however, same was dismissed and bare perusal of the order would reveal [2025:RJ-JP:19129] (2 of 2) [CW-5829/2025] that date of dismissal is not mentioned in the said order. It is contended that being aggrieved by the order of first appellate court, second appeal was preferred by the petitioner but till date, no decision has been taken on the second appeal filed by the petitioner and respondents are adamant to issue work order in favor of L-2. Considering the above facts and circumstances of the case, particularly considering the fact that till date, no decision has been taken on the second appeal filed by the petitioner, I am of the view that petitioner cannot be permitted to bypass the jurisdiction of the appellate authority. With the aforesaid observations, this writ petition is disposed of with direction to the Second Appellate Authority to take decision on the second appeal filed by the petitioner expeditiously, as soon as possible, preferably within a period of 30 days from the date of receipt of certified copy of this order. Till disposal of the second appeal, respondents are directed not to issue work order in favour of any other person in respect of the tender wherein petitioner was initially declared successful. With the aforesaid directions, this writ petition stands disposed of. Stay application as well as pending application(s), if any, shall stand disposed of. (ANIL KUMAR UPMAN),J CHARU SONI /62