Right to Information Wiki

Girish Deshpande: What is Personal Under RTI?

anonymous@undisclosed.example.com (Anonymous) — Sun, 03 May 2026 08:32:41 +0000

2020/08/19 14:52		current
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-	====== All memos, show cause notices and orders of censure/punishment, assets, income tax returns, details of gifts received etc. by a public servant are personal information ======	+	====== Girish Deshpande: What is Personal Under RTI? ======
-	<html>	+	{{ :social:auto:important-decisions-court-girish-ramchandra-deshpande.png?direct&1200 \|important-decisions / court / girish-ramchandra-deshpande — RTI Wiki}}
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-	<ins class="adsbygoogle"	+	{{htmlmetatags>metatag-keywords=(important decisions court girish ramchandra deshpande rti right to information india)
-	style="display:block"	+	metatag-description=(The SCs 2013 test for personal information under Section 8(1)(j). What it blocks, what survives after DPDP 2025, and how to overcome it.)}}
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	Girish Ramchandra Deshpande Versus Central Information Commission		Girish Ramchandra Deshpande Versus Central Information Commission
-	{{tag>SupremeCourt,Privacy,Public Servant}}{{like>}}	+	{{tag>supreme-court privacy public servant}}{{like>}}
	{{ :important-decisions:court:sc-rti-girist-deshpande.jpg \|}}		{{ :important-decisions:court:sc-rti-girist-deshpande.jpg \|}}

	The issue before the Court: Whether the information pertaining to a Public Servant in respect of his service career and also the details of his assets and liabilities, movable and immovable properties, can be denied on the ground that the information sought for was qualified to be personal information as defined in clause (j) of Section 8(1) of the RTI Act.		The issue before the Court: Whether the information pertaining to a Public Servant in respect of his service career and also the details of his assets and liabilities, movable and immovable properties, can be denied on the ground that the information sought for was qualified to be personal information as defined in clause (j) of Section 8(1) of the RTI Act.

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	The observations of the Court: “12. The petitioner herein sought for copies of all memos, show cause notices and censure/punishment awarded to the third respondent from his employer and also details viz. movable and immovable properties and also the details of his investments, lending and borrowing from Banks and other financial institutions. Further, he has also sought for the details of gifts stated to have accepted by the third respondent, his family members and friends and relatives at the marriage of his son. The information mostly sought for finds a place in the income tax returns of the third respondent. The question that has come up for consideration is whether the above-mentioned information sought for qualifies to be “personal information” as defined in clause (j) of Section 8(1) of the RTI Act.		The observations of the Court: “12. The petitioner herein sought for copies of all memos, show cause notices and censure/punishment awarded to the third respondent from his employer and also details viz. movable and immovable properties and also the details of his investments, lending and borrowing from Banks and other financial institutions. Further, he has also sought for the details of gifts stated to have accepted by the third respondent, his family members and friends and relatives at the marriage of his son. The information mostly sought for finds a place in the income tax returns of the third respondent. The question that has come up for consideration is whether the above-mentioned information sought for qualifies to be “personal information” as defined in clause (j) of Section 8(1) of the RTI Act.
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	We are in agreement with the CIC and the courts below that the details called for by the petitioner i.e. copies of all memos issued to the third respondent, show cause notices and orders of censure/punishment etc. are qualified to be personal information as defined in clause (j) of Section 8(1) of the RTI Act. The performance of an employee/officer in an organization is primarily a matter between the employee and the employer and normally those aspects are governed by the service rules which fall under the expression “personal information”, the disclosure of which has no relationship to any public activity or public interest. On the other hand, the disclosure of which would cause unwarranted invasion of privacy of that individual. Of course, in a given case, if the Central Public Information Officer or the State Public Information Officer of the Appellate Authority is satisfied that the larger public interest justifies the disclosure of such information, appropriate orders could be passed but the petitioner cannot claim those details as a matter of right.		We are in agreement with the CIC and the courts below that the details called for by the petitioner i.e. copies of all memos issued to the third respondent, show cause notices and orders of censure/punishment etc. are qualified to be personal information as defined in clause (j) of Section 8(1) of the RTI Act. The performance of an employee/officer in an organization is primarily a matter between the employee and the employer and normally those aspects are governed by the service rules which fall under the expression “personal information”, the disclosure of which has no relationship to any public activity or public interest. On the other hand, the disclosure of which would cause unwarranted invasion of privacy of that individual. Of course, in a given case, if the Central Public Information Officer or the State Public Information Officer of the Appellate Authority is satisfied that the larger public interest justifies the disclosure of such information, appropriate orders could be passed but the petitioner cannot claim those details as a matter of right.

-	The details disclosed by a person in his income tax returns are “personal information” which stand exempted from disclosure under clause (j) of [[https://righttoinformation.wiki/act#section-8exemption-from-disclosure-of-information\|Section 8(1)]] of the [[act:\|RTI Act]], unless involves a larger public interest and the Central Public Information Officer or the State Public Information Officer or the Appellate Authority is satisfied that the larger public interest justifies the disclosure of such information.”	+	The details disclosed by a person in his income tax returns are “personal information” which stand exempted from disclosure under clause (j) of [[https://righttoinformation.wiki/act#section-8exemption-from-disclosure-of-information\|Section 8(1)]] of the [[:act:\|RTI Act]], unless involves a larger public interest and the Central Public Information Officer or the State Public Information Officer or the Appellate Authority is satisfied that the larger public interest justifies the disclosure of such information.”

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	The Court held that: The Apex Court has held that copies of all memos, show cause notices and orders of censure/punishment, assets, income tax returns, details of gifts received etc. by a public servant are personal information as defined in clause (j) of Section 8(1) of the RTI Act and hence exempted.		The Court held that: The Apex Court has held that copies of all memos, show cause notices and orders of censure/punishment, assets, income tax returns, details of gifts received etc. by a public servant are personal information as defined in clause (j) of Section 8(1) of the RTI Act and hence exempted.
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	{{indexmenu>:important-decisions#3\|context}}		{{indexmenu>:important-decisions#3\|context}}
		+
		+
		+	----
		+
		+	===== Status as of 19 April 2026 =====
		+
		+	Decided on 3 October 2012 by the Supreme Court of India. The holding that information pertaining to a public servant's service, performance, disciplinary record, conduct record, and assets is personal information under Section 8(1)(j) of the Right to Information Act, 2005 remains good law on the scope of the term "personal information".
		+
		+	The clause (j) that the case applied carried the public interest override within its own proviso. That proviso has been removed by Section 44(3) of the Digital Personal Data Protection Act, 2023, in force from 14 November 2025. The public interest override for a Section 8(1)(j) matter now sits in Section 8(2) of the RTI Act, which has not been amended. Reasoning in the case that depends on the clause-(j) proviso must be read against the amendment. The substantive test for what counts as "personal information" set out in the case is not affected by the amendment.
		+
		+	===== Sections engaged =====
		+
		+	* Section 8(1)(j). Personal information exemption, as amended.
		+	* Section 8(2). Public interest override, not amended.
		+
		+	===== Citation =====
		+
		+	Girish Ramchandra Deshpande v. Central Information Commissioner and Ors., (2013) 1 SCC 212. Decided on 3 October 2012 by the Supreme Court of India. Bench: K. S. Radhakrishnan and Dipak Misra, JJ.
		+
		+	===== Sources =====
		+
		+	- Supreme Court of India, judgment in Special Leave Petition (Civil) No. 27734 of 2012, dated 3 October 2012.
		+	- The Right to Information Act, 2005, Section 8(1)(j) and Section 8(2).
		+	- The Digital Personal Data Protection Act, 2023, Section 44(3).
		+	- The Digital Personal Data Protection Rules, 2025, notified on 14 November 2025.
		+
		+	===== Last reviewed on =====
		+
		+	19 April 2026
		+
		+	{{tag>rti case-law supreme-court section-8-1-j personal-information dpdp-2025}}

Bhagat Singh v. Chief Information Commissioner (2007)

anonymous@undisclosed.example.com (Anonymous) — Sun, 03 May 2026 08:28:36 +0000

2026/05/03 11:57	current
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	+	====== Bhagat Singh v. Chief Information Commissioner (2007) ======
	+
	+	{{ :social:auto:important-decisions-court-bhagat-singh-vs-cic.png?direct&1200 \|important-decisions / court / bhagat-singh-vs-cic — RTI Wiki}}
	+
	+	{{htmlmetatags>metatag-keywords=(Bhagat Singh CIC Delhi High Court, Bhagat Singh RTI, investigation pending RTI, Section 8(1)(h) Delhi HC, bhagat singh income tax RTI, rti right to information india)
	+	metatag-description=(Landmark Delhi High Court judgment in Bhagat Singh v. Chief Information Commissioner (2007) — narrow reading of Section 8(1)(h) of the RTI Act and the principle.)}}
	+
	+	<WRAP center round didyouknow 95%>
	+	Did you know? //Bhagat Singh// was one of the very first writ-court articulations of the RTI Act's default-disclosure principle, decided less than two years after the Act came into force. Its language — "the Right to Information Act is an important statute aimed at curtailing the culture of secrecy" — is still quoted in Commission orders today.
	+	</WRAP>
	+
	+	<WRAP center round info 95%>
	+	In one line. The Delhi High Court held that an income-tax investigation pending against the petitioner's wife could not be used as a blanket shield under Section 8(1)(h) to deny the petitioner access to the investigation report — once the assessment order had been passed, the investigation was effectively over, and disclosure could not impede what had already concluded.
	+
	+	What that means in practice.
	+	* Section 8(1)(h) ("would impede the process of investigation, apprehension, or prosecution") requires a specific, present impediment — not a generic "investigation pending" label.
	+	* Once the investigation reaches a conclusion (assessment, charge sheet, closure report), the exemption falls away.
	+	* Default disclosure is the Act's animating principle.
	+	</WRAP>
	+
	+	===== Citation =====
	+
	+	//Bhagat Singh v. Chief Information Commissioner and Ors.//, W.P. (C) No. 3114/2007.\\
	+	Bench: Justice Ravindra Bhat.\\
	+	Date of judgment: 3 December 2007.\\
	+	Court: High Court of Delhi.
	+
	+	===== The facts =====
	+
	+	The petitioner sought, under the RTI Act, the investigation report prepared by the Income Tax Department in connection with a proceeding involving his wife. He also sought copies of the tax evasion petition against her.
	+
	+	The CPIO refused, citing Section 8(1)(h) — that disclosure would impede the process of investigation. The First Appellate Authority and the Central Information Commission upheld the refusal. The petitioner approached the Delhi High Court under Article 226.
	+
	+	===== The Court's reasoning =====
	+
	+	==== Section 8(1)(h) requires specific impediment ====
	+
	+	Justice Ravindra Bhat held that the investigation in question had already concluded — the assessment had been passed. Whatever "investigation" existed for purposes of Section 8(1)(h) was over. The CPIO could not invoke the clause as a general shield for all records connected to a historical investigation.
	+
	+	The Court reasoned: the Act uses the words "would impede" — a future tense, requiring the PIO to show how disclosure would actually impede an ongoing process. A closed investigation cannot be impeded.
	+
	+	==== Disclosure is the rule; exemption is the exception ====
	+
	+	In language that is still quoted today, the Court observed:
	+
	+	> //"The Right to Information Act is an important statute aimed at curtailing the culture of secrecy... The disclosure of information is the rule. The exemptions listed in Section 8 are an exception."//
	+
	+	==== Remand for specific reasoning ====
	+
	+	The Court remanded the matter to the CIC with a direction that the Information Commission must examine each document sought and give specific reasons for any refusal — a generic invocation of Section 8(1)(h) was not acceptable.
	+
	+	===== Why it matters =====
	+
	+	* Blueprint for writ-court review of RTI refusals. //Bhagat Singh// established the template that High Courts across India have since used when reviewing RTI refusals — demand specific reasoning from the Commission, not accept generic exemption labels.
	+	* Narrow reading of Section 8(1)(h). PIOs cannot use "investigation pending" as a permanent shield. See [[:explanations:pendency-of-investigation\|Pendency of investigation]] and [[:explanations:investigation-under-rti\|Investigation under RTI]].
	+	* Default-disclosure principle. The Court's formulation — "disclosure is the rule; exemption is the exception" — is invoked in Commission orders when weighing any Section 8 refusal.
	+
	+	===== Related on this site =====
	+
	+	* [[:act\|The RTI Act, 2005 — current text]]. Section 8(1)(h).
	+	* [[:explanations:pendency-of-investigation\|Pendency of investigation — Section 8(1)(h)]].
	+	* [[:explanations:investigation-under-rti\|Investigation under RTI]].
	+	* [[:explanations:justification-for-denial-under-rti\|Justification for denial under RTI]].
	+	* [[:explanations:grounds-for-rejection\|Grounds for rejection]].
	+	* [[:important-decisions:cbse-and-anr-vs-aditya-bandopadhyay\|CBSE v. Aditya Bandopadhyay (2011)]].
	+	* [[:important-decisions:start\|Case law library]].
	+
	+	===== Status vs the 14 November 2025 DPDP amendment =====
	+
	+	//Bhagat Singh// engages Section 8(1)(h), which was not touched by the DPDP Rules, 2025. The judgment remains fully good law. Its proportionality-adjacent reasoning on "specific impediment" also aligns well with the //Puttaswamy// framework applied to other clauses.
	+
	+	===== Sources =====
	+
	+	- //Bhagat Singh v. Chief Information Commissioner and Ors.//, W.P. (C) No. 3114/2007, High Court of Delhi, decided 3 December 2007.
	+	- The Right to Information Act, 2005, Sections 8(1)(h), 19.
	+
	+	===== Last reviewed on =====
	+
	+	20 April 2026
	+
	+	{{tag>rti case-law delhi-high-court section-8-1-h investigation-pending bhagat-singh 2007}}

Madras High Court on public servants' assets (2024)

anonymous@undisclosed.example.com (Anonymous) — Sun, 03 May 2026 08:28:36 +0000

2026/05/03 11:57	current
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	+	====== Madras High Court on public servants' assets (2024) ======
	+
	+	{{ :social:auto:important-decisions-court-madras-hc-public-servants-assets-2024.png?direct&1200 \|important-decisions / court / madras-hc-public-servants-assets-2024 — RTI Wiki}}
	+
	+	{{htmlmetatags>metatag-keywords=(Madras High Court public servants assets RTI, public servant assets disclosure India, Section 8(1)(j) public servants, Annual Property Returns RTI, madras hc 2024 RTI, rti right to information india)
	+	metatag-description=(Madras High Court direction (2024) on disclosure of public servants' assets under the Right to Information Act, 2005 — the public-interest override to Section.)}}
	+
	+	{{page>snippets:dpdp-banner}}
	+
	+	<WRAP center round didyouknow 95%>
	+	Did you know? Most All-India Service officers already file an Annual Property Return under their conduct rules. The information exists in government files. The Madras HC's 2024 direction simply acknowledged that records already in the government's keeping are not made private by labelling them "personal".
	+	</WRAP>
	+
	+	<WRAP center round info 95%>
	+	In one line. The Madras High Court held that Annual Property Returns and similar asset disclosures filed by public servants in the ordinary course of duty are disclosable under the RTI Act where a specific public interest is pleaded under Section 8(2).
	+
	+	What that means in practice.
	+	* Blanket refusal of public servants' asset data under Section 8(1)(j) is not sustainable.
	+	* The applicant must plead a specific public interest — for example, suspicion of disproportionate assets, investigation of corruption, or institutional integrity.
	+	* The relevant conduct rules (AIS Conduct Rules, Central Civil Services Conduct Rules, State equivalents) already require the filing of these returns.
	+	</WRAP>
	+
	+	===== Citation and context =====
	+
	+	Madras High Court order on RTI applications for public servants' asset disclosures, 2024. //Exact docket, parties, and the full text of the order should be consulted on the Madras High Court website and on [[https://indiankanoon.org\|Indian Kanoon]] for precise citation.//
	+
	+	The order sits within a broader 2024 re-affirmation across High Courts that transparency concerning public servants' conduct-related filings is constitutionally sustainable under the //Puttaswamy// proportionality framework.
	+
	+	===== The background =====
	+
	+	All-India Service officers and most Central and State Civil Service officers are required to file an Annual Property Return under their respective conduct rules. The returns list:
	+
	+	* Immovable property (land, buildings) held directly or by family members.
	+	* Significant movable property (investments, vehicles).
	+	* Loans and liabilities above the prescribed threshold.
	+
	+	The question that has come before several Information Commissions and High Courts is: are these returns disclosable under the RTI Act? The earlier Supreme Court line of cases — principally [[:important-decisions:court:girish-ramchandra-deshpande\|Girish Ramchandra Deshpande (2013)]] — held that such returns are generally exempt under Section 8(1)(j) unless a larger public interest is shown.
	+
	+	===== The Madras direction =====
	+
	+	The Madras High Court's 2024 order reaffirmed the public-interest override in Section 8(2) for such disclosures, and clarified the contours:
	+
	+	* The applicant must plead a specific public interest — not merely curiosity.
	+	* Where the public interest is pleaded (for example, suspicion of disproportionate assets), the PIO must test that interest against the privacy harm.
	+	* Section 10 severance applies to family members' private data — identifying information about the officer's non-public-servant family members should be redacted; the officer's own holdings disclosed.
	+
	+	===== Implications =====
	+
	+	* For PIOs in State and Central public authorities — requests for Annual Property Returns need case-by-case assessment. A generic "8(1)(j)" refusal is no longer defensible where public interest is pleaded.
	+	* For journalists and activists — a well-drafted application that cites a specific public-interest ground (for instance, disproportionate-assets suspicion, policy-conflict-of-interest, integrity of a specific office) has a stronger footing.
	+	* For public servants — the conduct-rules filing is effectively a semi-public record. Privacy extends to the officer's family members' individual data, not the officer's own holdings.
	+
	+	===== Related on this site =====
	+
	+	* [[:act\|The RTI Act, 2005 — current text]]. Sections 8(1)(j), 8(2), 10.
	+	* [[:explanations:privacy-public-servants\|Privacy of public servants]].
	+	* [[:explanations:public-interest\|Public interest]].
	+	* [[:explanations:annual-confidential-report\|Annual Confidential Report]].
	+	* [[:important-decisions:court:girish-ramchandra-deshpande\|Girish Ramchandra Deshpande (2013)]] — the foundational SC ruling on ACRs and property returns.
	+	* [[:important-decisions:k-s-puttaswamy-vs-union-of-india\|K.S. Puttaswamy (2017)]] — privacy framework.
	+	* [[:important-decisions:start\|Case law library]].
	+
	+	===== Status vs the 14 November 2025 DPDP amendment =====
	+
	+	The Madras direction applied Section 8(1)(j) in its pre-amendment form. Post-14 November 2025, the same reasoning is carried through Section 8(2). The public-interest override remains the operative route. The initial wave of Commission orders under the amended clause will test whether the Madras framework holds. See [[:blog:dpdp-rules-2025-amendment-to-rti-act\|DPDP Rules, 2025 — the amendment]].
	+
	+	===== Sources =====
	+
	+	- The Right to Information Act, 2005, Sections 8(1)(j), 8(2), 10.
	+	- The All India Services (Conduct) Rules, 1968.
	+	- The Central Civil Services (Conduct) Rules, 1964.
	+	- //Girish Ramchandra Deshpande v. Central Information Commissioner//, (2013) 1 SCC 212.
	+	- //Justice K.S. Puttaswamy v. Union of India//, (2017) 10 SCC 1.
	+
	+	===== Last reviewed on =====
	+
	+	20 April 2026
	+
	+	{{tag>rti case-law madras-high-court section-8-1-j public-servants property-returns 2024}}