Girish Ramchandra Deshpande v. Central Information Commissioner
A public servant’s service record — memos, show-cause notices, censure or penalty orders, assets and income-tax returns — is “personal information” under Section 8(1)(j) and is normally exempt, unless a larger public interest justifies disclosure.
Issue before the court
Whether a third party can obtain a public servant’s service-career details, assets and liabilities under the RTI Act, or whether this is “personal information” exempt under Section 8(1)(j).
Facts in brief
The applicant sought a government employee’s service record — memos, show-cause notices, orders of censure or punishment — and his movable and immovable assets, income-tax returns and gifts received. The CIC declined disclosure and the matter reached the Supreme Court.
Holding / decision
The Supreme Court held that such service-record details and personal financial information are “personal information” under Section 8(1)(j). The performance and conduct of an employee is essentially a matter between employee and employer, governed by service rules, with no relationship to any public activity or interest. It can be disclosed only if a larger public interest is shown — which the applicant had not.
A public servant’s service and personal-financial records are presumptively exempt personal information; the applicant must demonstrate a larger public interest to unlock disclosure.
You generally cannot obtain another individual’s service record, assets or income-tax returns through RTI unless you can show a genuine, larger public interest in disclosure.
What RTI can help you get
- Your own service record and personal information
- Information where you can show a larger public interest in disclosure
- Aggregate or policy information that does not identify a specific individual’s private affairs
What RTI may not give you
- Another employee’s memos, show-cause notices or penalty orders without public interest
- A third party’s assets, liabilities or income-tax returns
- Purely personal information with no link to any public activity
When to cite this case
When seeking — or resisting — disclosure of another person’s service file, disciplinary record, assets or income-tax returns; or to frame a “larger public interest” justification under Section 8(1)(j).
Later developments / current status
Girish Deshpande is the leading authority on Section 8(1)(j) and is widely followed. It has also drawn criticism for over-broad denials; later benches stress that the public-interest test must be genuinely applied rather than used as a blanket shield.
Source & verification
Related FileMyRTI services
Use RTI Dost to frame a public-interest justification, and the Deadline Clock to track your appeal.
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