The extension of a retired forest officer in a key post has been contested

The Gauhati High Court issued a notice to the Assam government and other respondents after allowing a petition challenging the legal authority to re-appoint former Indian Forest Service officer MK Yadava as Special Chief Secretary (Forest) with “full financial and administrative powers”.

Activist Amarjyoti Choudhury’s petition was filed on Monday (October 5, 2026) and was the second in about a month. In September, the Supreme Court issued a similar notice after hearing a petition by conservationist Rohit Choudhury from eastern Assam, who cited the Union environment ministry’s adverse remarks against Mr. Yadav 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 civil servants on contract. Instead, it asks whether a retired contract-appointed official can be vested with substantive governmental powers that are normally exercised within a state’s statutory, administrative, and financial framework.

He argued that the “full financial and administrative powers” vested in Mr. Yadav could not by themselves amount to blanket delegation of all financial and administrative powers available within the department. The petition requests disclosure of the exact legal instrument, mandate or government order through which it was granted these powers.

The petition also cited government records showing Mr Yadava’s involvement in operational and inter-ministerial 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 Principal Chief Conservator of Forests Assam and Head of Forest Force. He was appointed Special Chief Secretary (Forest) on 1 March 2024 and his tenure was extended twice – first in February 2025 and then on 14 May. His current term ends on November 12.

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

Kaziranga ESZ

On 29 September, Rohit Choudhury wrote to Assam Chief Secretary Ravi Kota to immediately and authoritatively clarify the legal basis for declaring the extent of the Eco-Sensitive Zone (ESZ) around the Kaziranga National Park and Tiger Reserve and restricting construction in the zone.

Mr. Choudhury referred to Assam Environment, Forest and Climate Minister Jayant Mallabaruah’s opinion on X that the ESZ extends 1-3 km from the park boundary as per Supreme Court guidelines and that tribal communities cannot build their homes due to restrictions.

Seeking to clarify the legal instruments supporting these contentions, the environmentalist argued that the apex court’s directions should be read along with subsequent orders and the relevant conservation area EEZ notification.

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

Published – 9 Oct 2026 01:43 IST