The court ruled that defamatory remarks in a termination letter, lacking evidence and damaging the plaintiff's reputation, constitute actionable defamation, upholding the right to dignity under Article 21.

JUDGMENT

The plaintiff has filed the present suit, claiming damages amounting to Rs. 2,10,00,000/- for alleged defamation by his employer, asserting that the made in the termination letter are contrary to the employment contract and have caused serious injury to the plaintiff‟s reputation and goodwill.

2. The following prayers have been made by the plaintiff in the plaint: -

“A. Kindly grant a decree in favor of the Plaintiff and hold the Defendant i.e. Wipro Limited guilty of tort of defamation and injuria sine damnum.

B. Kindly direct the Defendant i.e. Wipro Limited to issue a new discharge letter expunging the negative remarks about the Plaintiff along with the sincere letter of apology for the cause of defamation and loss of reputation.

C. Kindly be pleased for the grant of Rs. 2,10,00,000 (Indian National Rupees Two Crore and Ten lacs Only) as a damage to the plaintiff caused by the tortuous conduct of the defendant and violation of Right to Dignity as enshrined under Article 21 of the Constitution of India citing the legal Doctrine of Injuria Sine Damnum.”

Factual Matrix

3. The plaintiff was employed by the defendant i.e., Wipro Limited, as a Principal Consultant from 14.03.2018 until 05.06.2020. His employment was governed by a contract (hereinafter referred to as the „employment contract‟) and Clause 10 thereof expressly provided that the employment could be terminated without any reason, by either party upon serving the requisite notice period, i.e., one month during the probationary period and two months after confirmation.

4. On 05.06.2020, the defendant, through its authorized representative Mr. Srinath Sridharan, issued a termination/relieving letter. The letter attributes the conduct of the plaintiff as “malicious” and further claims that his actions had resulted in an irreparable breakdown in the employer-employee relationship.

5. Aggrieved by the aforesaid allegedly defamatory remarks contained in the termination letter, the plaintiff has instituted the present suit seeking the issuance of a fresh termination letter expunging the observations impugning the plaintiff‟s character and professional integrity.

6. Upon receipt of the summons, the defendant entered appearance and filed a written statement, categorically denying the averments made by the plaintiff. The defendant has sought to justify the issuance of the termination letter as being in strict conformity with the procedure stipulated under the employment contract. According to the defendant, the remarks impugned by the plaintiff are merely reflective of the plaintiff‟s conduct during the tenure of his employment and were necessitated by the circumstances culminating in his termination.

Submissions

7. The plaintiff in pe