Delhi HC stays order against Wipro in defamation case filed by dismissed employee

A division bench of the Delhi High Court on Wednesday stayed the order of its single judge bench in July, that asked Wipro to pay damages of Rs 2 lakh to former employee Abhijit Mishra in a defamation case the latter had filed over the wording of his termination letter.

A division bench comprising Justice Anil Kshetarpal and Justice Harish Vaidyanathan Shankar sought a response from Mishra on an appeal by Wipro challenging the July order that asked the firm “to redress the reputational harm, emotional hardship, and loss of professional credibility” caused by Wipro.

Wipro argued that Mishra, employed at a senior, creative, and managerial position, demonstrated a lack of interest in improving his performance, which ultimately led to his termination.


There was ample evidence for loss of trust in him, which had been ignored by the single judge, senior counsel Amit Sibal and counsel Harsh Kaushik, appearing for Wipro, argued.

The company’s letter said Mishra’s conduct was "malicious" and added that his actions had resulted in an irreparable breakdown of the employer-employee relationship.

In July, Justice Purushaindra Kumar Kaurav had hauled up the IT firm for the tenor of its communication that revealed 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’’.

Noting that the letter was full of stigmatic language and bereft of any foundation, Justice Kaurav had asked Wipro to expunge the remarks regarding the professional character of its former employee, who worked as principal consultant between 2018 and 2020, and issue a fresh termination letter to him.

"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 the judge.