Supreme Court Petition Filed by Sikkim District Judge Against Alleged Unfair Vigilance Action
A sitting district judge in the northeastern state of Sikkim has moved the Supreme Court challenging a vigilance notice issued by the Sikkim High Court saying he has been targeted with retaliatory vigilance action after he complained against a sitting High Court judge. The HC judge later became Acting Chief Justice.
District and Sessions Judge at Mangan, Prajwal Khatiwada, has approached the apex court with a writ petition challenging the issuance of a show cause notice against him by the High Court on August 12.
The respondents in the petition include the High Court of Sikkim, its Registrar (Vigilance), Vigilance Inspector Sarad Subba and the State of Sikkim.
Khatiwada had joined the Sikkim Judicial Service as Assistant Government Pleader in 2005 after he topped the State’s judicial service examination. He served as Registrar General of the High Court between February 20 and December 20 until he was transferred to Mangan.
“The petitioner is informed and verily believes that thereafter the respondent Judge started inflicting retaliatory administrative actions…”, the petition said adding that he was arbitrarily transferred, security cover denied, subordinate staff questioned about his personal affairs and vigilance inquiries were initiated against him.
It has been submitted that Khatiwada received a complaint dated December 19, 20 from an anonymous accuser addressed to the President of India making false allegations against him and his family members.
“The petitioner’s ACR for the period April to December 2025 is missing and he was later issued a fresh charge for non-submission of ACR when he has duly filed the same,” the plea said.
Issued on July 10, Khatiwada is challenging a statement of allegations containing 22 charges served on him. He is also challenging the August 12 notice which had stated that his response to the allegation was “not found satisfactory.”
He has sought directions to quash the show cause notice and statement of allegations, disclosure of all materials on which the action was taken, initiation of a departmental inquiry into the missing ACR. He has also prayed that no coercive action should be taken till the determination of the proceedings.
Khatiwada has sought departmental proceedings against Vigilance Inspector Sarad Subba who had earlier filed a complaint against the petitioner judge.