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The Sikkim High Court has placed Prajwal Khatiwada, the District and Sessions Judge of Mangan, under suspension with immediate effect, pending disciplinary proceedings. The administrative decision comes weeks after the judicial officer approached the Supreme Court alleging that he was being victimized for filing a complaint against a sitting judge of the High Court. However, the suspension order issued on November 4 by the Full Court makes no mention of his writ petition or prior complaints, anchoring the disciplinary action instead in alleged administrative irregularities during his tenure as Registrar General, questionable official conduct, and unsatisfactory replies to show-cause notices.
Administrative irregularities and financial loss during Registrar General tenure
The Full Court’s order relies heavily on decisions taken during Khatiwada’s tenure as Registrar General of the Sikkim High Court. The disciplinary charge sheet accuses him of sanctioning irregular appointments, staff promotions, and pay scale upgrades without adequate legal or administrative basis, causing an estimated financial loss of approximately ₹1.64 crore to the public exchequer.
While Khatiwada maintained that the administrative determinations had received authorization from superior authorities, the Full Court rejected the argument, ruling that higher-level approval does not absolve a judicial officer of independent professional responsibility. The suspension order also cited an official communication dated August 6 in which Khatiwada questioned the methodology used by vigilance investigators to interrogate witnesses, as well as his persistent failure to submit Annual Confidential Reports despite repeated administrative reminders. The Full Court further observed that the language, tone, and accusatory stance adopted in his formal representations breached standards of judicial conduct.
Writ petition before the Supreme Court alleging institutional victimization
Khatiwada had previously invoked Article 32 of the Constitution before the Supreme Court, challenging an administrative show-cause notice issued to him on August 12. According to his petition, the conflict originated on December 12, 2025, when he filed a formal complaint against a sitting High Court judge over alleged mistreatment and public humiliation.
The petition stated that shortly after the complaint was made, the judge concerned was appointed Acting Chief Justice of the Sikkim High Court, after which Khatiwada allegedly faced targeted administrative reprisals. On September 9, a Supreme Court bench headed by Chief Justice of India Surya Kant, along with Justice Joymalya Bagchi and Justice V. Mohana, granted Khatiwada liberty to approach the High Court, explicitly noting that the apex court had expressed no opinion on the underlying merits of the controversy.
Judicial officer mounts defense against thirty-three disciplinary charges
In his comprehensive written defense answering thirty-three separate charges, Khatiwada denied all allegations of misconduct and questioned the legality of the disciplinary framework initiated against him. He maintained that appointments, promotions, and pay revisions fall squarely within the constitutional domain of the Chief Justice under Article 229 of the Constitution of India, describing his role as limited to preparing proposals and official notes under administrative directions.
Citing a Supreme Court order dated May 18, 2026, Khatiwada argued that a Registrar General acts solely on behalf of the Chief Justice and judges of the High Court. He noted that the disputed promotions were recommended unanimously by the Departmental Promotion Committee, where he was merely one member among several, rendering punitive measures directed solely against him legally flawed. Khatiwada also protested procedural restrictions, alleging that authorities withheld essential records, including Full Court minutes, while granting only thirty days during court vacations to answer thirty-three complex charges that included newly introduced accusations.
