Move High Court: Supreme Court to Sikkim district judge who filed plea against High Court action

The Supreme Court on Wednesday directed a sitting district judge in Sikkim to approach the Sikkim High Court raising grievance against what he alleged to be a sustained campaign of harassment and retaliatory vigilance action after he had complained about a High Court judge (now retired).

A bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana noted that the High Court judge, against whom the district judge has raised grievance, is now retired.

"Your grievance is against a former judge. The judge has retired. Then the chief justice. Even the Chief Justice has retired. What remains now," the top court asked.

It then granted liberty to the petitioner-judge to move the High Court.

"Petitioner is at liberty to move the High Court. We have not expressed any opinion on merits of the case," the Court said in its order.

District and Sessions Judge at Mangan, Prajwal Khatiwada moved the Court challenging a show cause notice issued to him by the High Court of Sikkim on August 12.

The petition named the High Court of Sikkim, its Registrar (Vigilance), Vigilance Inspector Sarad Subba and the State of Sikkim as respondents.

Khatiwada joined the Sikkim Judicial Service in 2005 after topping the State's judicial service examination. He served as Registrar General of the High Court from February 2023 to December 2025 before being posted to Mangan.

According to the petition, the trouble started after Khatiwada lodged a formal complaint on December 12, 2025 against a then sitting judge of the High Court, alleging mistreatment and humiliation. Copies of the complaint were sent to the Chief Justice of India and the four senior-most judges of the Supreme Court.

The High Court judge in question was appointed Acting Chief Justice of the Sikkim High Court days later, with effect from December 15, 2025, after the previous Chief Justice demitted office.

The petition alleged that from that point on, Khatiwada was targeted through a series of administrative actions. These include his abrupt transfer, withdrawal of his security cover, questioning of his subordinate staff about his personal matters and initiation of vigilance inquiries against him.

He also cited an anonymous complaint dated December 19, 2025, addressed to the President of India, in which scandalous allegations were made against him and his family members.

According to the petitioner, his Annual Confidential Report (ACR) - a record showing the evaluation of a judge's performance - for April to December 2025 went missing and that he was later served a fresh charge over its non-submission despite having filed it.

Khatiwada sought quashing of the show cause notice and statement of allegations, disclosure of all material relied upon, a probe into the missing ACR and a stay on coercive action.

He also sought disciplinary proceedings against Vigilance Inspector Sarad Subba against whom he had earlier filed a complaint.

However, the top court today asked him to approach the High Court first.

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