Right to Information Wiki

Service records RTI — pay, APAR, leave, disciplinary (Deshpande boundary) (2026)

Complete framework for PIO + FAA decisions on service-record RTIs — pay structure (disclose), APAR (case-specific), leave (disclose), disciplinary (specific records exempt).

Service records RTI — pay, APAR, leave, disciplinary (Deshpande boundary) (2026)

⚠️ DPDP Rules, 2025 (14 Nov 2025) amended Section 8(1)(j) of the RTI Act — public-interest override now under Section 8(2). Read the note →

· 2026/04/19 05:02

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, often partially disclosable.
  • 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

  1. Identify the specific request — What aspect of service record? Pay, APAR, leave, discipline?
  2. Apply Girish Deshpande filter — Public-servant work-record data: disclosable presumptively.
  3. Identify exempt portions — Aadhaar, biometric, family, personal address: exempt.
  4. For disciplinary: assess inquiry status — Pre-decision (§8(1)(h)): exempt. Post-decision: case-specific.
  5. Apply §10 severability — Mixed records: disclose work portions, redact personal.
  6. 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.
   [Specific data per format]

2. LEAVE STATUS: Disclosed.
   [Specific data]

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.
   [Grade only]

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, PIO]

Illustrations

IAS officer's pay scale + allowances

Disclose — work record per Girish Deshpande.

Junior officer's APAR for last 5 years

Disclose substantive grade; redact reviewing-officer personal narrative.

Officer's leave taken in last 12 months

Disclose — work record (presence/absence).

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's home address + family Aadhaar

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 “personal” — wrong post-Girish Deshpande.
  • Disclosing officer's Aadhaar / phone — violates §8(1)(j) regardless.
  • 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 “service record reply template” — saves time.
  • 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's social media activity?

Public posts: yes. Private: exempt under §8(1)(j).

Service record request from officer's spouse during separation

Apply standard test; spousal status doesn't override §8(1)(j).

Officer transferred — current PA does not have records

Use §6(3) transfer to current parent department.

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.