Gangtok: The Sikkim High Court has suspended District and Sessions Judge Prajwal Khatiwada of Mangan with immediate effect, pending disciplinary proceedings. The Sikkim High Court suspension comes weeks after he approached the Supreme Court, claiming that he was targeted for complaining against a then-serving High Court judge.
The suspension order cites alleged administrative irregularities, misconduct and unsatisfactory replies to show-cause notices.
Sikkim High Court Suspends District Judge Prajwal Khatiwada
The suspension was approved by the Full Court of the Sikkim High Court through an order dated November 4, 2026. The order places Khatiwada under suspension until further orders.
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The Full Court stated that his explanations to two show-cause notices were not satisfactory. It also said that his continuation in office was not suitable for the proper administration of justice.
The suspension is linked to disciplinary proceedings involving allegations from his earlier tenure as Registrar General of the Sikkim High Court.
What is the Reason of Judge Prajwal Khatiwada Suspension
The main allegations concern administrative decisions taken during his tenure as Registrar General between February 2023 and December 2025.
According to the suspension order, he allegedly approved staff promotions, pay upgrades and appointments without sufficient legal or administrative grounds.
The High Court estimated that these actions caused a financial loss of approximately ₹1.64 crore to the public exchequer.
The Full Court also rejected his argument that approval from higher authorities removed his personal responsibility. It stated that such approval alone could not excuse a judicial officer from his independent duties.
Other Grounds For Suspension
The suspension order also mentioned several other issues:
- Vigilance Enquiry: A communication dated August 6 questioned the manner in which witnesses were examined during a vigilance enquiry.
- Annual Confidential Report: He was accused of not submitting his Annual Confidential Report (ACR) despite repeated instructions.
- Conduct Of A Judicial Officer: The order recorded allegations of conduct considered unsuitable for a judicial officer.
- Replies To Notices: The Full Court criticised the tone of his replies to two show-cause notices, describing his approach as intemperate and accusatory.
These allegations are part of ongoing disciplinary proceedings and have not been finally established.
Why Did Prajwal Khatiwada Approach The Supreme Court
The suspension has drawn attention because Khatiwada had earlier approached the Supreme Court with allegations of targeted action against him.
According to his petition, he complained against a then-serving Sikkim High Court judge on December 12, 2025. He alleged that the judge had mistreated and humiliated him.
Khatiwada claimed that the situation became difficult after the judge was appointed Acting Chief Justice of the Sikkim High Court a few days later.
He alleged that he subsequently faced several administrative actions, including a sudden transfer, withdrawal of security cover and vigilance enquiries.
He also raised concerns about his Annual Confidential Report and other administrative matters.
What Did The Supreme Court Say
Khatiwada filed a writ petition under Article 32 of the Indian Constitution, challenging the show-cause notice issued by the Sikkim High Court on August 12, 2026.
On September 9, 2026, a Supreme Court bench led by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V. Mohana, allowed him to withdraw his petition with the liberty to approach the Sikkim High Court.
The Supreme Court clearly stated that it had not expressed any opinion on the merits of his allegations. This means the Supreme Court did not decide whether his claims of targeted action were correct or incorrect.
Prajwal Khatiwada Denies All 33 Charges
In his written defence, Khatiwada denied the allegations made against him and questioned the legal basis of the disciplinary proceedings.
He argued that decisions relating to staff appointments, promotions and pay upgrades were taken under the authority of the Chief Justice as provided under Article 229 of the Constitution.
According to him, his responsibility was limited to preparing documents and placing proposals before the Chief Justice as instructed.
He also argued that the promotions were recommended unanimously by a Departmental Promotion Committee, of which he was one member.
Khatiwada Questions The Disciplinary Proceedings
Khatiwada raised concerns about the fairness of the proceedings and the documents provided to him.
He claimed that important records, including Full Court meeting minutes, were not supplied to support his defence. He also argued that he was given only 30 days, including court holidays, to respond to 33 articles of charge.
Furthermore, he questioned why he alone was facing proceedings when other authorities were also involved in the decisions. These are his defence arguments and remain subject to examination through the disciplinary process.
FAQs
Prajwal Khatiwada is a judicial officer who served as the District and Sessions Judge at Mangan, Sikkim. He previously served as Registrar General of the Sikkim High Court.
The Sikkim High Court suspended Prajwal Khatiwada over alleged administrative irregularities, improper staff promotions and appointments, vigilance-related issues and unsatisfactory replies to show-cause notices.
The Sikkim High Court’s suspension order refers to an alleged financial loss of approximately ₹1.64 crore due to irregular promotions, pay upgrades and appointments during his tenure as Registrar General. The allegations have not been finally decided.
