Shankar Mishra has initiated legal proceedings against Wells Fargo, a prominent financial institution, pertaining to the “Pee Gate Row.” The case was heard in the Delhi High Court on February 14th.
New Delhi: Shankar Mishra, the individual at the center of the controversial “Pee-Gate” incident on a New York-Delhi Air India flight in January 2023, has filed a lawsuit against his former employer, Wells Fargo. The case raises critical questions about corporate responsibility, employee rights, and procedural fairness.
Following the incident, which led to widespread public outrage, Mishra was terminated from his position at Wells Fargo. The company, citing the serious nature of the allegations, acted swiftly, placing Mishra on administrative leave pending an inquiry on January 5, 2023, only to terminate his employment the very next day, without proceeding with the promised inquiry.
The lawsuit filed by Mishra challenges the manner of his dismissal, arguing that it was conducted without a proper inquiry, proof, or factual basis. The suit explicitly states, “Making assumptions and imputing guilt to Shankar’s termination without inquiry, proof, or facts is an abuse of employers’ powers and is coloured with the prejudice of malafide intent.”
Further complicating matters, the communication from Wells Fargo to Mishra suggested a prejudgment of the case. As per the reapplication in court, an email from Wells Fargo to Mishra implied guilt without an investigation, stating, “You potentially in fact did commit such an act.” This accusation, made without a formal inquiry, forms a central grievance in Mishra’s lawsuit against the company.
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The termination notice, dated January 6, 2023, provided to Mishra lacked detailed justification for the drastic action taken against him. It merely referenced an email sent on the same day,
“For the reasons clearly mentioned in the email dated January 6, 2023 to you, sent to your personal and work email IDs, your employment is hereby terminated with immediate effect (i.e., from 6th Jan 2023) (Release Date) in accordance with clause titled on ‘Separation with no cause’.”
The mail stated
Mishra’s legal team has criticized the termination process as fundamentally unfair and in violation of natural justice principles, including the ‘hearing rule’, the ‘bias rule’, and the requirement for a reasoned decision. The suit argues, “The termination process itself is devoid of equity and fairness, and militates against natural justice, the ‘hearing rule’, the ‘bias rule’ and absence of a reasoned decision, which clearly shows the malafide of MNCs.”
Shankar Mishra’s father has publicly supported his son’s legal action, expressing confidence in the judicial system and emphasizing the lawsuit’s broader implications for employment justice. “It is true that the employer has been sued for unlawful termination. I believe in the judiciary and this is a fight for justice and Shankar’s right to employment,”
he stated.
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He further highlighted the potential impact of this case on corporate practices, suggesting that it could serve as a cautionary tale for other companies. “This termination by Wells Fargo of an employee will surely be a hard-hitting lesson to other corporations on how to handle allegations against their employees more compassionately and not take any knee-jerk extreme actions without studying facts and getting the results from an inquiry.”
he concluded.
