The petition says that Khatiwada’s Annual Confidential Report (ACR) – a record showing the evaluation of a judge’s performance – for April to December 2025 has gone missing and that he was later served a fresh charge over its non-submission despite having filed it.
He is challenging a statement of allegations dated July 10 containing 22 charges served on him and an August 12 show cause notice that called his response unsatisfactory. The August notice three more charges, one linked to his complaint against Vigilance Inspector Sarad Subba, whom he accuses of revisiting a hotel from his private visit even as that complaint was pending.
Khatiwada invokes Articles 14, 16, 19(1)(a), 21, 235 and 311, relying on the Constitution Bench ruling in Samsher Singh v. State of Punjab against roving inquiries into judicial officers. He has sought quashing of the show cause notice and statement of allegations, disclosure of all material relied upon, a probe into the missing ACR, a stay on coercive action and disciplinary proceedings against Subba.