The Aryavarth Express
Agency (New Delhi): Shankar Mishra, who was embroiled in controversy in January 2023 for allegedly urinating on a senior citizen on a New York-Delhi Air India flight, is now legally challenging his former employer, Wells Fargo. Mishra’s employment was terminated by the company following the mid-air incident, and the case is set to be heard in the Delhi High Court on February 14.
Shyamnaval Mishra, Shankar’s father, stated that his son has been unemployed for over a year and has faced more than 200 job rejections since his abrupt dismissal, which he claims occurred without any formal inquiry or verification of facts by Wells Fargo. The company initially placed Shankar on administrative leave pending an inquiry on January 5, 2023. However, the next day, Wells Fargo issued a press statement expressing their disturbance over the allegations and proceeded to terminate Mishra’s service without pursuing further inquiry.
In his reapplication filed in the Delhi High Court in January, Mishra argued that Wells Fargo, or any other employer in India or fair nations, cannot deny an accused employee a fair inquiry. He claimed that the assumption of guilt and termination without inquiry or proof is an abuse of employer power, tainted with malice.
The reapplication alleges that the termination notice from Wells Fargo, dated January 6, 2023, accused and judged Mishra without an inquiry, stating that he “potentially in fact did commit such an act.” The notice cited a clause on ‘Separation with no cause’ for the immediate termination of his employment.
The suit contends that Wells Fargo’s actions, from initiating an inquiry to issuing a public condemnation and then deciding not to pursue an inquiry, violated principles of natural justice and legal norms. Mishra’s legal team argues that the termination process lacked equity and fairness and contravened the principles of natural justice, including the ‘hearing rule,’ ‘bias rule,’ and absence of a reasoned decision.
Shankar Mishra’s father expressed confidence in the judiciary, viewing the lawsuit as a fight for justice and his son’s right to employment. He hopes the case will serve as a lesson to other corporations on handling allegations against employees, emphasizing the need for a compassionate approach and fact-based inquiry before taking any drastic actions.
