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Informist, Wednesday, Jul. 16, 2025

 

 

NEW DELHI – The Delhi High Court has held Wipro Ltd.'s termination letter to its former employee Abhijit Mishra contained defamatory content, full of stigmatic language and bereft of any foundation. Ordering damages of INR 200,000 to Mishra, the court asked Wipro to expunge remarks regarding the professional character of its former employee and issue him a fresh termination letter.

 

"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," said Justice Purushaindra Kumar Kaurav. The termination letter issued by Wipro did not merely effectuate the cessation of the employment relationship, but was couched in a language intended to tarnish Mishra's reputation and to impair his ability to pursue re-employment with dignity, Justice Kaurav added.

 

The high court said that although clause 10 of the employment contract permitted termination simply, however, the termination letter surpasses that framework and was replete with "stigma and insinuations" likely to accompany Mishra into future professional settings. The tenor of the communication reveals a discernible intent to carry out a form of character assassination by Wipro under the semblance of administrative formality, thereby compounding the damage to Mishra's reputation and standing, said the court.

 

Wipro has failed to place on record any credible evidence, either testimonial or documentary, to establish that the reputational harm suffered by Mishra was predicated on any demonstrable act of misconduct, the high court observed. "In the absence of a plea of truth or any attempt to substantiate the impugned remarks, the allegations remain entirely uncorroborated. To allow such unsubstantiated imputations to subsist would result in a continuing injustice, undermining the professional integrity of the plaintiff and frustrating the dignity attached to the pursuit of gainful employment," the court remarked.

 

The law cannot allow reputational harm, born of unsupported accusations, to continue unabated where such harm significantly impacts an individual's career and prospects, said the court. Relief must, therefore, be tailored to redress the wrongful infliction of reputational injury and to vindicate Mishra's right to dignity in the sphere of employment, the court added.

 

The high court was hearing a suit by Mishra claiming damages amounting to INR 21 mln for defamation by his employer Wipro. Mishra said that the imputations made in the termination letter were contrary to the employment contract and have caused serious injury to the plaintiff's reputation and goodwill. The court said that no case for awarding exemplary damages of INR 21 mln was made out by the plaintiff in the present case, however, general compensation of INR 200,000 was needed to redress the reputational harm, emotional hardship, and loss of professional credibility occasioned by the conduct of Wipro.

 

In 2020, Wipro had issued a termination letter against Mishra, who was working as principal consultant with the company from 2018. The letter attributed the conduct of Gupta as "malicious" and further claimed that his actions had resulted in an irreparable breakdown in the employer-employee relationship.

 

Mishra said that the adverse remarks contained in the termination letter have had a deleterious impact on his professional reputation, rendering him unable to secure any alternative employment. Wipro's actions amount to a violation of his fundamental right to life with dignity as enshrined in Article 21 of the Constitution of India and constitute a breach of contractual obligations, said Mishra.

 

Wipro had argued that Mishra was employed with them as a principal consultant, which was a senior, creative, and managerial position that demanded highly creative and original work. However, Mishra, instead of focusing on his professional duties and honoring his commitment to the employer, was more invested in his self-styled identity as a "crusader for social change", engaging in activities unrelated to his work, said Wipro. 

 

When given an opportunity to improve his performance, Mishra chose to issue communications to the senior management of Wipro, in utter insubordination, said Wipro. The behaviour of Mishra demonstrated his lack of interest in improving his professional performance, which ultimately led to the termination of his employment, the company added.

 

On Wednesday, shares of Wipro ended 2.1% higher at INR 262.80 on the National Stock Exchange.  End

 

Reported by Surya Tripathi

Edited by Akul Nishant Akhoury

 

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