pio-service-records-rti
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| — | pio-service-records-rti [2026/04/25 18:57] (current) – created - external edit 127.0.0.1 | ||
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| + | {{htmlmetatags> | ||
| + | metatag-keywords=(service records rti, apar rti, salary rti, leave records rti, disciplinary rti pio) | ||
| + | metatag-description=(Complete framework for PIO + FAA decisions on service-record RTIs — pay structure (disclose), APAR (case-specific), | ||
| + | }} | ||
| + | ====== Service records RTI — pay, APAR, leave, disciplinary (Deshpande boundary) (2026) ====== | ||
| + | |||
| + | {{ : | ||
| + | |||
| + | {{page> | ||
| + | |||
| + | <WRAP info> | ||
| + | Service records of public servants are among the most-asked RTI categories. The line is drawn by *Girish Deshpande* (SC 2013): public-servant work-record data is NOT personal information under §8(1)(j). But specific identifying / sensitive data (Aadhaar, biometric, family details) remain exempt. Disciplinary records have a different framework — pre-decision exempt, post-decision conditionally disclosable. | ||
| + | </ | ||
| + | |||
| + | ===== Statutory framework ===== | ||
| + | RTI Act §8(1)(j); Girish Deshpande v CIC (SC 2013); Subhash Chandra Agarwal line; AIS Conduct Rules; CCS Conduct Rules. | ||
| + | |||
| + | ===== Key principles ===== | ||
| + | * Pay + grade + allowances — disclosable (work record). | ||
| + | * APAR (Annual Performance Appraisal Report) — case-specific, | ||
| + | * Leave records — disclosable (work record). | ||
| + | * Disciplinary inquiry — pre-decision exempt under §8(1)(h); post-decision conditional. | ||
| + | * Vigilance / serious misconduct — exempt during inquiry; post-decision public-interest balancing. | ||
| + | * Aadhaar / personal contact / family — exempt under §8(1)(j) regardless. | ||
| + | |||
| + | ===== Decision framework ===== | ||
| + | - **Identify the specific request** — What aspect of service record? Pay, APAR, leave, discipline? | ||
| + | - **Apply Girish Deshpande filter** — Public-servant work-record data: disclosable presumptively. | ||
| + | - **Identify exempt portions** — Aadhaar, biometric, family, personal address: exempt. | ||
| + | - **For disciplinary: | ||
| + | - **Apply §10 severability** — Mixed records: disclose work portions, redact personal. | ||
| + | - **Issue speaking order** — Cite Girish Deshpande for work-record presumption + reasoning for exempt portions. | ||
| + | |||
| + | ===== Template ===== | ||
| + | < | ||
| + | To: [Applicant Name] | ||
| + | |||
| + | Subject: Reply to RTI [____] — Service records request | ||
| + | |||
| + | Sir/Madam, | ||
| + | |||
| + | Your application sought [details] of [Officer Name / Designation]. Pursuant to the framework laid down by the Supreme Court in *Girish Deshpande v CIC* (2013) 1 SCC 212, public-servant work-record data is NOT personal information within §8(1)(j). I respond as follows: | ||
| + | |||
| + | 1. PAY + GRADE + ALLOWANCES: Disclosed. | ||
| + | | ||
| + | |||
| + | 2. LEAVE STATUS: Disclosed. | ||
| + | | ||
| + | |||
| + | 3. APAR (ANNUAL PERFORMANCE APPRAISAL): The substantive grading is disclosed; the reviewing-officer narrative containing personal opinions is exempt under §8(1)(j) as relating to subjective evaluation. | ||
| + | | ||
| + | |||
| + | 4. DISCIPLINARY RECORDS: The status of pending inquiries is exempt under §8(1)(h) until conclusion. Final orders post-decision are disclosable subject to public-interest override. | ||
| + | |||
| + | 5. AADHAAR / PERSONAL ADDRESS / FAMILY DETAILS: Exempt under §8(1)(j) — not work-related. | ||
| + | |||
| + | Application of severability under §10: items 1, 2, parts of 3 disclosed; items 4, 5 exempt with reasoning above. | ||
| + | |||
| + | Yours faithfully, | ||
| + | [Name, Designation, | ||
| + | </ | ||
| + | |||
| + | ===== Illustrations ===== | ||
| + | ==== IAS officer' | ||
| + | Disclose — work record per Girish Deshpande. | ||
| + | |||
| + | ==== Junior officer' | ||
| + | Disclose substantive grade; redact reviewing-officer personal narrative. | ||
| + | |||
| + | ==== Officer' | ||
| + | Disclose — work record (presence/ | ||
| + | |||
| + | ==== Officer under vigilance inquiry — current status ==== | ||
| + | Exempt under §8(1)(h) until inquiry concludes. | ||
| + | |||
| + | ==== Officer convicted in disciplinary inquiry — final order ==== | ||
| + | Disclose — public-interest override applies post-decision. | ||
| + | |||
| + | ==== Officer' | ||
| + | Exempt under §8(1)(j) — not work record. | ||
| + | |||
| + | ===== Case law anchors ===== | ||
| + | * **Girish Deshpande v CIC (SC 2013)** — Foundational ruling on service-record disclosure. | ||
| + | * **Subhash Chandra Agarwal v CPIO (SC 2019, 2024)** — Public-servant accountability + disciplinary records. | ||
| + | * **Anand Bhusan v %%UoI%% (CIC 2007)** — Service record framework. | ||
| + | * **R.K. Jain v %%UoI%% (SC 2013)** — File noting + post-decision disclosability. | ||
| + | * **Madhya Pradesh HC, In Re: Service Records (2018)** — Disciplinary records — post-decision balancing. | ||
| + | |||
| + | ===== Common mistakes ===== | ||
| + | * Refusing all service records as " | ||
| + | * Disclosing officer' | ||
| + | * Pre-decision disciplinary disclosure — violates §8(1)(h) inquiry protection. | ||
| + | * Generic refusal without reasoning — violates §7(8) speaking order standard. | ||
| + | * Failing to apply §10 severability for mixed records. | ||
| + | * Treating APAR as fully exempt — only reviewing-officer narrative is. | ||
| + | |||
| + | ===== Pro tips ===== | ||
| + | * Maintain a " | ||
| + | * For complex APAR queries, consult HR + %%DoPT%% guidelines. | ||
| + | * For disciplinary queries, check inquiry status before any disclosure. | ||
| + | * Use anonymization for aggregate (e.g., "all Class A officers in this PA") queries. | ||
| + | * Train HR division on Girish Deshpande line — accelerates future replies. | ||
| + | |||
| + | ===== FAQs ===== | ||
| + | ==== Can I refuse APAR entirely? ==== | ||
| + | No — substantive grade disclosable. Only reviewing-officer narrative subjective opinions exempt. | ||
| + | |||
| + | ==== What about psychiatric / health records of public servant? ==== | ||
| + | Generally exempt under §8(1)(j) unless specific public-interest in fitness for office. | ||
| + | |||
| + | ==== Can I disclose officer' | ||
| + | Public posts: yes. Private: exempt under §8(1)(j). | ||
| + | |||
| + | ==== Service record request from officer' | ||
| + | Apply standard test; spousal status doesn' | ||
| + | |||
| + | ==== Officer transferred — current PA does not have records ==== | ||
| + | Use §6(3) transfer to current parent department. | ||
| + | |||
| + | ===== Related reading ===== | ||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | |||
| + | ===== Sources ===== | ||
| + | RTI Act §8(1)(j); Girish Deshpande v CIC (SC 2013); CCS / AIS Conduct Rules; CIC compendium on service records. | ||
| + | |||
| + | //Last reviewed: 25 April 2026.// | ||
| + | |||
| + | {{tag> | ||
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