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| + | ====== Girish Deshpande v. CIC — Personal Records of Third Parties ====== | ||
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| + | <WRAP center round info 95%> | ||
| + | **Quick Reply:** SC 2013: personal service records and ACRs of a third-party officer are exempt under §8 1 j. No larger public interest, no disclosure. Citizen guide with appeal tips. | ||
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| + | **The Supreme Court held in (2013) 1 SCC 212, affirming the CIC, that service records, ACRs, and personal details of a third-party public official are exempt under §8(1)(j) unless the applicant demonstrates a larger public interest in disclosure.** | ||
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| + | This is the leading ruling on what " | ||
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| + | ===== Facts ===== | ||
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| + | Girish Deshpande filed an RTI application seeking copies of service records, details of assets, memos, show-cause notices, and annual confidential reports (ACRs) of a named government officer who was a third party. The information related to the officer' | ||
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| + | The CIC declined to direct disclosure. Deshpande challenged the CIC order up to the Supreme Court. | ||
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| + | ===== What the CIC held ===== | ||
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| + | The CIC upheld the CPIO's refusal. The CIC held that service records and ACRs of an individual officer relate to the officer' | ||
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| + | The Supreme Court in (2013) 1 SCC 212 affirmed: "The details of appointment, | ||
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| + | ===== Operative paragraph ===== | ||
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| + | > "The details called for by the applicant, i.e., the details of his service matters, his assets, memos issued to him, etc., are personal information as defined in clause (j) of Section 8(1) of the RTI Act which exempts the disclosure of personal information which has no relationship to any public activity or interest or which would cause unwarranted invasion of the privacy of the individual, unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information." | ||
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| + | > — Supreme Court, Girish Ramchandra Deshpande v. Central Information Commission, (2013) 1 SCC 212 | ||
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| + | ===== How this helps your appeal ===== | ||
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| + | * §8(1)(j) applies to a third party' | ||
| + | * If you are seeking your own service records, §8(1)(j) does not apply at all — you have a direct right of access to your own file. | ||
| + | * To overcome §8(1)(j) for a third party' | ||
| + | * This case does NOT protect a PIO who uses §8(1)(j) to hide information about a public programme, tender, contract, or scheme — that is not " | ||
| + | * Combine with the Supreme Court' | ||
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| + | ===== Related sections of the RTI Act ===== | ||
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| + | * [[https:// | ||
| + | * [[https:// | ||
| + | * [[https:// | ||
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| + | ===== FAQ ===== | ||
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| + | ==== Can I RTI my own service records? ==== | ||
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| + | Yes, absolutely. §8(1)(j) exempts third-party personal information — it has no application to your own records. File the RTI with your department' | ||
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| + | ==== What if the officer' | ||
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| + | That changes the analysis. If the record you seek documents how a public official discharged a public duty — spent a budget, awarded a contract, processed a file — it is no longer purely " | ||
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| + | ==== Does §8(1)(j) protect salary details? ==== | ||
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| + | Salary from public funds is generally disclosable as it involves public expenditure — the High Courts and CIC have consistently held this. What is protected is personal financial information (private bank accounts, personal assets) not tied to the public role. | ||
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| + | ==== Can I get ACRs under RTI? ==== | ||
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| + | Only your own ACRs — the Supreme Court in SC v. Subhash Chandra Agarwal (2020) 5 SCC 481 and several service-law judgments confirm that an officer can access their own ACR. A third party cannot access another' | ||
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| + | **Verified source:** Supreme Court of India, (2013) 1 SCC 212 · [[https:// | ||
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