Litigation Update – Compelled Self Publication Triggers Defamation

The judgment of the Hon'ble Delhi High Court in Abhijit Mishra v. Wipro Limited [CS(OS) 31/2021], delivered on 14 July 2025, deals with the interplay between contractual termination rights in private employment and the tort of civil defamation. The case arose from a termination letter issued by Wipro, the employer, containing adverse and stigmatic remarks. The Court examined key legal principles under the law of defamation, including the common law test for civil defamation, and invoked the doctrine of compelled self-publication to assess whether a confidential document could still amount to a defamatory publication. It also analyzed the Specific Relief Act, 1963, particularly Section 14(d), to determine the enforceability of personal service contracts and reiterated that remedies for wrongful termination in such cases are limited to damages and not reinstatement.