Guwahati: The Gauhati High Court on Monday admitted a writ petition filed by Amarjyoti Choudhury challenging the legal authority under which retired Indian Forest Service (IFS) officer M.K. Yadava is continuing as Special Chief Secretary (Forest), Assam, with “full Financial and Administrative Powers”.
The High Court issued notices to the Assam government and other respondents in the case, with the matter scheduled for the next hearing on November 4, 2026.
The petition, filed under Article 226 of the Constitution, seeks a writ in the nature of quo warranto questioning the authority under which Yadava is occupying the post and exercising substantive financial, administrative, executive and personnel powers pursuant to a government notification dated May 14, 2026.
Amarjyoti Choudhury’s petition does not challenge the government’s power to contractually engage retired officials as such. Instead, it raises a narrower legal question — whether a retired officer engaged on a contractual basis can be vested with substantive governmental powers that are ordinarily exercised under the state’s statutory, administrative and financial framework.
Yadava had retired from government service on February 29, 2024, after serving as Principal Chief Conservator of Forests and Head of Forest Force (PCCF & HoFF), Assam. He was re-engaged as Special Chief Secretary (Forest) from March 1, 2024, and was vested with “full Financial and Administrative Powers”. His engagement was subsequently extended, including through a notification dated February 21, 2025.
The latest notification dated May 14, 2026 continued Yadava as Special Chief Secretary (Forest) with full financial and administrative powers. Choudhury has specifically challenged this subsisting arrangement and the legal basis for the powers purportedly conferred through it.
Earlier PIL against Yadava
The present petition comes against the backdrop of earlier litigation over Yadava’s post-retirement engagement. In PIL/18/2025, Rohit Choudhury v. State of Assam & Ors., the Gauhati High Court had examined his re-engagement as Special Chief Secretary (Forest) and dismissed the PIL on March 18, 2025.
A separate PIL/57/2026 filed by Rohit Choudhury is also pending over Yadava’s latest re-engagement under the May 14, 2026 notification. The High Court issued notice to the Assam government on September 11 and directed the state to file its response.
The present petition by Amarjyoti Choudhury maintains that it raises a distinct question — whether the substantive financial, administrative and executive powers being exercised by Yadava have a valid legal source.
Challenge to ‘full Financial and Administrative Powers’
The petition relies on the Assam Rules of Executive Business, 2023 and the Delegation of Financial Powers Rules, 2022, arguing that financial and administrative powers must flow from legislation, rules or a valid delegation by the competent authority.
Amarjyoti Choudhury argues that the expression “full Financial and Administrative Powers” in the May 14 notification 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 have been vested in Yadava.
The petition also cites government records showing Yadava’s involvement in operational and inter-departmental matters, including meetings involving senior forest officials and directions concerning district survey reports, mining-related regulatory issues and other departmental matters. The petitioner says these documents are being relied upon to establish the nature and extent of functions attached to the post, and not to allege personal misconduct against Yadava.
Among other reliefs, Choudhury has asked the High Court to direct the state respondents to disclose the statutory, rule-based or delegated authority supporting Yadava’s “full Financial and Administrative Powers”. He has also sought directions restraining the exercise of powers that are not shown to have been lawfully vested or delegated.
The Gauhati High Court will hear the matter next on November 4, 2026.