Delhi High Court orders Wipro to pay ₹2 lakh damages to former employee for defamatory termination letter

The Delhi High Court recently found Wipro’s termination letter to its ex-employee defamatory and awarded ₹2 lakh in damages to the terminated employee and also directed issuance of a fresh letter of termination without defamatory language [Abhijit Mishra Vs Wipro Limited]..The suit was filed by one Abhijit Mishra, who had worked at Wipro Limited as a principal consultant between the years 2018 to 2020. His employment was terminated by Wipro in 2020 over allegations of misconduct.The termination letter issued by Wipro stated that Mishra's conduct was “malicious” and that his actions had resulted in an irreparable breakdown in the employer-employee relationship.Mishra then moved the Court by way of a defamation suit seeking damages of ₹2.1 crores and issuance of a new termination letter without any defamatory statements..Justice Purushaindra Kumar Kaurav observed that Wipro’s termination letter was false and defamatory.“This Court is of the considered opinion that the impugned termination letter, replete with stigmatic language and bereft of any foundation, constitutes actionable defamation. The remarks therein, couched in the use of the term "malicious conduct", not only lack substantiation but also have a direct and deleterious impact on the future employability and professional dignity of the plaintiff,” the Court stated. .The Court observed that Wipro had failed to substantiate its claim of Mishra’s misconduct. It failed to produce any documentary evidence such as warnings, disciplinary findings, inquiry reports to support the allegations on Mishra.“Notably, the defendant has failed to place on record any credible evidence, either testimonial or documentary, to establish that the reputational harm suffered by the plaintiff was predicated on any demonstrable act of misconduct. In the absence of a plea of truth or any attempt to substantiate the impugned remarks, the allegations remain entirely uncorroborated,” the Court stated..To allow such unsubstantiated imputations to subsist would result in a continuing injustice, undermining the professional integrity of Mishra and frustrating the dignity attached to the pursuit of gainful employment, the Court observed. The Court stated that the letter was couched in a language intended to tarnish reputation and character assassinate Mishra, in order to impair his ability to pursue re-employment with dignity. "The unwarranted allegations, resting on no substantiated basis, have undoubtedly cast a long shadow over the professional standing of the plaintiff. Further, the terms used in the termination letter, without any material basis, have the effect of clouding the professional commitment, ethics, and competence of the petitioner in the eyes of others, especially potential employers," the Court stated observing the impact of such a letter on future employment..Accordingly, the Court awarded a sum of ₹2 lakh as compensatory damages to the Mishra to redress the reputational harm, emotional hardship and loss of professional credibility caused by Wipro’s termination letter. “Such injury, being devoid of factual support and yet carrying grave implications for the plaintiff's future employability and professional standing, warrants the intervention of this Court by way of appropriate and equitable relief,” the Court observed.Wipro was further directed to expunge the defamatory comments and issue a fresh termination letter without any defamatory content. .Abhijit Mishra was the plaintiff in person.Advocates Mandeep Singh Vinaik, Ragini Vinaik and Gaikhuanlung appeared for Wipro.[Read Judgment]