Retired Assam Forest officer’s extension in key post challenged

The Gauhati High Court has issued notices to the Assam government and other respondents after admitting a petition challenging the legal authority under which retired Indian Forest Service officer M.K. Yadava was reappointed as Special Chief Secretary (Forest) with “full financial and administrative powers”.

Filed on Monday (October 5, 2026), activist Amarjyoti Choudhury’s petition was the second in about a month. In September, the High Court issued a similar notice after hearing a petition by eastern Assam-based conservationist Rohit Choudhury, citing the Union Environment Ministry’s adverse observations against Mr Yadava in the past.

Amarjyoti Choudhury’s petition, filed under Article 226 of the Constitution of India, does not challenge the government’s power to engage retired officials contractually. Instead, it asks whether a retired officer appointed on contract can be vested with substantive governmental powers ordinarily exercised under the State’s statutory, administrative and financial framework.

He argued that “full financial and administrative powers” vested in Mr Yadava cannot, by itself, constitute a blanket delegation of every financial and administrative power available within the department. The petition seeks disclosure of the precise legal instrument, delegation or government order through which those powers were vested in him.

The petition also cited government records showing Mr Yadava’s involvement in operational and inter-departmental matters, including directions on district survey reports, mining-related regulatory issues and other departmental matters.

Mr Yadava retired from service on February 29, 2024, after serving as Assam’s Principal Chief Conservator of Forests and Head of Forest Force. He was appointed as the Special Chief Secretary (Forest) on March 1, 2024, and his tenure was extended twice—first in February 2025 and then on May 14. His current tenure ends on November 12.

The High Court set November 4 as the next hearing date.

Kaziranga ESZ

On September 29, Rohit Choudhury wrote to Assam Chief Secretary Ravi Kota seeking immediate and authoritative clarification on the legal basis of statements on the extent of the Eco-Sensitive Zone (ESZ) around Kaziranga National Park and Tiger Reserve and restrictions on construction within the zone.

Mr Choudhury referred to Assam Environment, Forest and Climate Change Minister Jayanta Mallabaruah’s view on X that the ESZ extends 1-3 km from the park’s boundary according to the Supreme Court guidelines and that indigenous communities cannot build their homes due to restrictions.

The environmentalist sought clarification on the legal instruments supporting these assertions, arguing that the apex court’s directions need to be read alongside subsequent orders and the applicable ESZ notification for the protected area.

He cited the Supreme Court’s June 3, 2022, judgment that prescribes a minimum 1 km ESZ from the demarcated boundary of each protected area. He also pointed to the apex court’s April 26, 2023, order, which states that ESZs cannot be uniform and must be specific to individual protected areas.