Himanta govt defies backlash to retain MK Yadava as forest dept chief

Defying a fierce political and legal backlash, the Assam government has extended the tenure of controversial retired IFS officer MK Yadava for a third consecutive term. Given full financial and administrative powers, the former forest chief will serve another six months as Special Chief Secretary of the state Environment, Forest, and Climate Change Department.

The decision, greenlit by the state Cabinet on May 13 and formalised the following day, cements Yadava’s highly debated grip on the state's environmental administration.

Yadava, former Principal Chief Conservator of Forests (PCCF) and Head of Forest Force (HoFF), is vested, yet again, with full administrative and financial powers over the department which wields immense power in the hilly state with vast forest areas.

The former IFS officer, said to be close to Assam Chief Minister Himanta Biswa Sarma, is again in the news. Though the BJP rules both the Centre and Assam, the state government has continued to favour Yadava's appointment and extensions even though the Centre has not. The state government's critics say this is thanks largely to Yadava being a Himanta loyalist.

Early trouble

Yadava retired from service as PCCF and HoFF on February 29, 2024. His request for extension in the post was reportedly rejected by the Cabinet Appointments Committee at the Centre. However, soon after his retirement, the Assam government appointed him as Special Chief Secretary on a contractual basis for one year—his first term.

Yadava’s appointment had drawn attention even in 2024, as the post of Special Chief Secretary is generally held by serving senior IAS officers in the Apex Scale and not by retired officials. However, the Himanta government cited a 2018 notification related to contractual engagement of retired officers to go ahead with the appointment.

According to the rules governing the re-employment of retired All India Services (AIS) officers, such appointments can be made in public interest on a contractual basis, subject to government approval and prescribed conditions. Re-employed officers are treated separately from serving cadre officers after retirement.

The Opposition, including the Congress, have reacted strongly to the repeated re-engagement of Yadava. They allege that the appointment of a retired AIS officer to a senior executive position with full administrative and financial powers violates established norms.

Election background

The controversy heated up in March, after the Model Code of Conduct (MCC) came into force ahead of the April 9 Assembly polls in Assam. Critics raised concerns over the continuation of such powers during the elections.

Activist Dilip Nath, in a letter to the Election Commission (EC), argued that retired officers are treated as “non-cadre” and should not occupy positions meant for serving AIS officers. He also questioned whether a retired officer could continue to exercise administrative and financial authority during the enforcement of the MCC and urged the EC to examine the legality of the arrangement.

Activist Rohit Choudhury, in a post on X, questioned how a retired officer could continue to head a key department with full powers during the election period.

Leader of Opposition Debabrata Saikia had earlier demanded a High Court-monitored probe into the matter, claiming that the repeated extensions undermine Department of Personnel and Training (DoPT) norms governing re-employment of retired officers.

Past controversies

Even during his tenure as the PCCF and HoFF, Yadava faced scrutiny over alleged forest land diversion cases. The Union Environment Ministry had reportedly directed the Assam Forest Department to take legal action regarding alleged diversion of forest land without prior central approval in reserve forest areas. The concerned areas included the Damcherra Innerline Reserve Forest in Hailakandi district and Geleky Reserve Forest near the Assam-Nagaland border.

The National Green Tribunal (NGT) had also examined related matters. On April 2, the tribunal stayed an order issued by Yadava regarding the deployment of 1,600 Assam Forest Protection Force personnel for election-related duties.

EVM tampering charges

Yadava was also involved in a controversy during the 2009 Lok Sabha elections while serving as the Managing Director of AEDCL-AMTRON, the state PSU associated with handling EVMs. The Asom Gana Parishad (AGP), which was then in the Opposition, but not part of the NDA, had raised allegations of possible EVM tampering, though no charges were established. The matter resurfaced in 2024 after his reappointment to the Forest Department.

Activist Rohit Choudhury summed up, “Instead of taking action against MK Yadava, the government has rewarded him. This will lead to further destruction of forest and wildlife in Assam and promote more illegalities.”