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<h1>Supreme Court Upholds Reinstatement Order Sans Back Wages for Acquitted Employee</h1> The Supreme Court upheld the High Court's decision ordering the reinstatement of the petitioner without back wages, as he was acquitted after being ... Reinstatement - back wages - conviction as a ground for dismissal - proviso to the statutory rules - disciplinary proceedings and unsustainable actionReinstatement - conviction as a ground for dismissal - proviso to the statutory rules - Validity of the High Court's order directing reinstatement of the petitioner - HELD THAT: - The petitioner had been dismissed from service following conviction under Section 302 read with 34 IPC for an offence of October 1, 1986. The Division Bench subsequently acquitted him and the High Court directed reinstatement with continuity of service. The Court observed that the termination had arisen by operation of the statutory proviso which treated conviction as a ground for dismissal; consequent acquittal removes that basis. In view of the acquittal and the High Court's order, there is no ground for interference with the direction to reinstate.The High Court's order directing reinstatement with continuity of service is sustained.Back wages - disciplinary proceedings and unsustainable action - conduct disentitling to back wages - Whether the petitioner is entitled to back wages for the period of dismissal/incarceration - HELD THAT: - The Court held that entitlement to back wages arises only where an employee has been unlawfully prevented from discharging duties - for example, where disciplinary action taken is found unsustainable in law. Here, the petitioner had been convicted and incarcerated on account of his involvement in a crime, conduct which deprived him of the ability to render service. Although subsequently acquitted, that conduct and its consequences were material; the Court accepted the view that such conduct disentitles the petitioner to back wages. Each case depends on its own facts and where dismissal is attributable to conviction and incarceration, back wages need not follow merely because reinstatement is ordered.The petitioner is not entitled to payment of back wages; the High Court and Division Bench did not err in denying back wages.Final Conclusion: The special leave petition is dismissed: the order of reinstatement by the High Court is upheld, and the denial of back wages is sustained on the ground that the petitioner's conduct and incarceration disabled him from rendering service and therefore disentitle him to back wages. The petitioner was charged with an offence under Section 302 read with 34 IPC, convicted, and sentenced to life imprisonment. He was dismissed from service but later acquitted. The High Court ordered his reinstatement without back wages. The Supreme Court upheld the decision, stating that he is not entitled to back wages due to his involvement in the crime. Special leave petition dismissed.
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