- (1.) It is not a matter of dispute, that the petitioners were inducted into service under the Haryana Industrial Security Force Act, 2003 (hereinafter referred to as the Act). Consequent upon the repealing of the Act, all the posts were abolished, whereupon, the services of the petitioners were dispensed with. This action at the hands of the respondents came to be impugned by the petitioners by filing Civil Writ Petition No. 9687 of 2005. The aforesaid writ petition came to be disposed of, by requiring the C.W.P. No. 248 of 2006 Page numbers respondents to pass a speaking order on the representation addressed by the petitioners. It is, therefore, that the impugned order dated 27.9.2005 (Annexure P-5) has been passed. A perusal of Annexure P-5 reveals, that the following reasons weighed with the authorities in taking the instant decision: 1. That the Haryana State Industrial Security Force Act, 2003 (hereinafter called as '2003 Act') was passed in the Assembly in the year 2003. But the '2003 Act' was never enforced by the Government as required under Section 1(3) of the said Act. Neither the Haryana State Industrial Security Force was constituted by the State Government as required under Section 3(1) of the '2003 Act'. Consequently, all actions taken to constitute the Haryana State Industrial Security Force Battalions have become void-ab-initio. Even the '2003 Act' has now been repealed by the Haryana Assembly on 20.6.2005 through the Haryana State Industrial Security Force (Repeal) Act, 2005. The repealing Act has been notified by the Government on 29.6.2005 and consequent thereof, all the battalions of Haryana State Industrial Security Force, which were constituted illegally and irregularly, have been disbanded.
(2.) That though , the Haryana State Industrial Security Force was yet to be constituted under Section 3(1) of the '2003 Act' but still the then Director General of Police got sanctioned two battalions of Industrial Security Force from the Government. Against the posts sanctioned in those two battalions, the recruitment of 1400 Constables were advertised by the then Director General of Police, vide office letter No. 2218/E(II)-I dated 5.2.2004. Accordingly, 1339 Constables were selected for appointment as constables in HSISF by various Selection Boards constituted by the Director General of Police.
(3.) That Commandants of 1st and 2nd Battalions, HSISF were directed by the Director General of police, vide office T.P.M. No. 25104-28/E (II) 1 dated 10.11.2004 to offer appointments to the above selected candidates after medical examination and verification of the character and antecedents. This recruitment process was completed in November, 2004 and 621 candidates were appointed in 1st Battalion and 666 were appointed in 2nd Battalion HSISF. Seven candidates joined after 17.12.2004 (after the ban on appointments issued by the Election Commission).;