Sikkim High Court suspends district judge who told Supreme Court he was targeted for complaining against HC judge

The Sikkim High Court has suspended District and Sessions Judge at Mangan, Prajwal Khatiwada, weeks after he approached the Supreme Court alleging that he was being targeted for complaining against a then sitting High Court judge.

The suspension order, dated November 4, was issued on a decision taken by the Full Court. It places him under suspension with immediate effect, pending disciplinary proceedings and until further orders.

The Full Court said it was of the prima facie view that his explanations to two show-cause notices were not satisfactory and that his continuation in office was not conducive to the proper administration of justice. The order does not mention his complaint against the High Court judge or the petition he filed before Supreme Court.

Grounds for suspension

The first ground concerns his time as Registrar General. He is alleged to have effected promotions and upgradations without adequate legal or administrative basis and made appointments contrary to rules. The order puts the financial loss at about ₹1.64 crore.

The Full Court rejected the argument that some actions had higher approval. Such approval, it said, cannot, by itself, absolve the judicial officer of his independent responsibility.

Other grounds include a communication from August 6 questioning how witnesses were examined in a vigilance enquiry, and the non-submission of his Annual Confidential Report despite repeated directions. The order also records allegations of conduct unbecoming of a judicial officer, although these allegations are yet to be finally decided. It further faults the intemperate and accusatory approach of the district judge's replies.

What he told the Supreme Court

Khatiwada had filed a writ petition under Article 32 of the Constitution challenging a show-cause notice of August 12.

According to the petition, the trouble began after he complained on December 12, 2025, against a then-sitting High Court judge, alleging mistreatment and humiliation. The petition says that the High Court judge was appointed Acting Chief Justice days later, and that he was then targeted through a series of administrative actions.

On September 9, a Bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana gave him liberty to approach the High Court, saying it had not expressed any opinion on the merits.

His defence

In his written statement of defence to the 33 articles of charge, Khatiwada has denied the allegations and challenged the maintainability of the proceedings.

He argues that the appointments, promotions and upgradations were decisions of the Chief Justice under Article 229 of the Constitution. His role, he says, was confined to preparing and placing the notes and proposals on the Chief Justice's directions. Relying on a Supreme Court order of May 18, 2026, he says a Registrar General can only act on behalf of the Chief Justice and the Judges of the High Court.

He also says promotions were recommended unanimously by a Departmental Promotion Committee of which he was only one member, and that only he has been proceeded against.

He further complains that vital materials, including Full Court minutes, were not supplied, that only 30 days, including court holidays were given to answer 33 articles, and that several charges were raised for the first time in the charge memorandum.