Back wages after acquittal: SC limits reinstatement relief to half pay where dismissal followed a conviction later set aside.

An employee dismissed solely on the basis of a criminal conviction later set aside and followed by acquittal was reinstated, but full back wages were refused. The SC modified the monetary relief on reinstatement and, having regard to the facts and circumstances, limited the relief to 50% of back wages for the relevant period. The decision reflects that reinstatement after acquittal does not automatically require full back wages, and the extent of monetary relief may be moderated on the facts.

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Issues: Entitlement of the appellant to back wages after dismissal based on a criminal conviction that was later set aside on appeal.

Analysis: The appellant had been dismissed from service solely on the basis of the criminal conviction recorded by the trial court. After the conviction and sentence were set aside and the appellant was acquitted, the Court modified the High Court's order on the question of monetary relief arising from reinstatement. Considering the facts and circumstances, full back wages were not granted.

Conclusion: The appellant was held entitled to 50% of the back wages for the relevant period.

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