1. Petitioner was appointed as constable in Indo-Tibetan Border Security Force (IT-BSF) on 2.5.1995 and allotted no. 950050214 Const./GD. He was removed from service vide order dated 24.5.2006 on the charge that he had contracted second marriage during subsistence of a marriage. Petitioner questioned order dated 24.5.2006 in petition being SWP no. 837/2006. The writ petition was allowed on 9.8.2007 and the writ court while quashing the order impugned in the petition directed respondents to allow the petitioner to resume his duty.

2. The writ court judgment was assailed in LPA registered as LPA no. 83/2008. The LPA court held the judgment of learned Single Judge to be "short of reasons" and therefore not sustainable. The judgment was accordingly set aside. However, the LPA court in the facts and circumstances of the case discernable from record nonetheless set aside the order dated 24.5.2006. The operative part of judgment reads as under:

"Viewed thus, the order of removal dated 24.5.2006 passed by the appellant is quashed. Resultantly, the respondent (writ petitioner) shall be permitted to resume duties leaving it open to the appellant to initiate action afresh, if he so chooses. Fur

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