Why Assam government cannot function without MK Yadav

The Assam government has approved the extension of retired Indian Forest Service (IFS) officer M.K. Yadav’s tenure as Special Chief Secretary (Forest), a move that has sparked controversy given his past allegations of misconduct and misuse of power.

Yadav, who previously served as the Principal Chief Conservator of Forests (PCCF) and Head of Forest Force (HoFF), retired on February 29, 2024. However, the state government reappointed him as Special Chief Secretary (Forest) for a one-year term starting March 1, 2024. With his current tenure set to expire on February 28, 2025, the Assam Cabinet has now extended his service until the conclusion of the present state government’s term.

A notification from the Personnel Department states that Yadav will retain full financial and administrative authority in his extended role—powers that were not explicitly mentioned in the initial reappointment order. His remuneration will be determined based on his last drawn salary, adjusted for pension deductions.

Assam Chief Secretary, Ravi Kota while speaking to India Today NE said, "See, the extension of his tenure has been approved by Assam Cabinet. The Cabinet approved means, the Cabinet approved some of the circumstances. The government felt his services are important and hence decided to appoint someone for the post. And regarding his past scrutiny, scrutiny is scrutiny as long there is no finality how can judge anything in between. If there is any finality whether good or bad, then only we should judge someone".

M.K. Yadav has been under scrutiny for allegedly authorizing the diversion of 28 hectares of protected forest land in Geleky, Sivasagar district, for the construction of a commando battalion camp without the requisite clearance from the Ministry of Environment, Forest, and Climate Change (MoEF&CC).

In August 2014, the National Green Tribunal (NGT) directed the central government to submit an affidavit detailing the actions taken against Yadava. In September 2024, the MoEF&CC’s regional office in Shillong issued a show-cause notice to Yadava under Section 3A of the Forest Conservation Amendment Act, 2023, which stipulates up to 15 days of simple imprisonment for violations of forest conservation laws.

A high-level inspection team from MoEF&CC, led by Additional Director General (Forest Conservation) Anjan Mohanty, visited Geleky Reserve Forest on September 27, 2024, to assess potential violations. The team included senior MoEF&CC officials and Assam Forest Department representatives. 

Yadav has faced multiple allegations of misconduct throughout his tenure. In 2023, he was accused of illegally diverting 44 hectares of forest land in Hailakandi district, along the Assam-Mizoram border, for an Assam Police commando battalion headquarters. The NGT took suo motu cognizance of the issue, prompting Yadav to file an affidavit claiming the land was only to be used for temporary tent structures—an assertion contradicted by satellite imagery showing permanent constructions.

Additionally, Yadav was removed as Chief Wildlife Warden in 2023 following allegations of mismanagement of wildlife funds. A Right to Information (RTI) query revealed that approximately Rs 1.1 crore from the Tiger Conservation Fund (TCF) was spent on hosting former President Ram Nath Kovind’s visit to Kaziranga National Park (KNP) in 2022. The TCF is intended solely for conservation efforts.

Further accusations include allegedly falsifying rhino census data and failing to ensure the proper functioning of animal sensor systems in Kaziranga, leading to increased wildlife road fatalities. His tenure also saw reports of illegal trafficking of captive elephants, with cases of microchip manipulation brought to light.

Yadav’s appointment has also drawn criticism for allegedly contravening Department of Personnel and Training (DoPT) guidelines. According to a 2001 office memorandum, no government servant should receive a service extension beyond the age of 60. Additionally, the rules prohibit non-All India Service officers from being appointed to Senior Duty Posts—raising questions over the legality of Yadav’s reappointment.

Congress had vehemently opposed Yadava’s extension, citing a pattern of misuse of power, corruption, and violations of service rules. In a letter to the former Assam Governor, Gulab Chand Kataria, Congress leader Debabrata Saikia asserted that Yadava’s reappointment disregarded Rule 8 of the Indian Administrative Service (Cadre) Rules, 1954, and DoPT’s regulations, sending a “malefic signal” to both IAS and IFS cadres in Assam.

The Congress leader alleged that MK Yadav also served as the managing director of the Assam Electronics Development Corporation (AEDCL-AMTRON) for a long period. 

Debabrata Saikia said that during 2009, while MK Yadava was serving AEDCL- AMTRON as its managing director, AMTRON was given the responsibility of supplying EVMs for general elections. The opposition parties, mainly Asom Gana Parishad (AGP) & All India United Democratic Front (AIUDF), had raised concerns over the tampering of the EVM with MK Yadava’s involvement. Interestingly, the present chief minister, Himanta Biswa Sarma, who was the health minister at that time, was also the chairman of AMTRON.

Saikia further claimed that during the same period, financial irregularities amounting to crores of rupees came to light in what is known as Thin Client Scam in Assam Secretariat. In the name of installing LAN, Servers and Thin Clients in Assam Secretariat, huge amounts were allegedly misappropriated. It is learnt that at least two chief secretaries had put it in writing regarding MK Yadav’s direct involvement, and one of them suggested that MK Yadava should be dismissed from service.

Further, during the incumbency of MK Yadav as managing director of AEDCL-AMTRON, the PSU was vested with the responsibility of conducting exams for government recruitment. However, on account of allegations regarding large-scale irregularities, and protests by the unemployed youths in the state, the Assam government had to eventually hand over the responsibility to the Dibrugarh University.

Recently, Assam government reconstituted a committee tasked with preparing a revised proposal for a separate code chart for the Assamese script. The list included the name of MK Yadav.

Despite a history of allegations, the Assam government has opted to decided to extend Yadav’s tenure, granting him full administrative and financial authority. With ongoing investigations, including an upcoming NGT hearing, the decision continues to draw sharp reactions from political leaders and environmental activists.