Service records RTI — pay, APAR, leave, disciplinary (Deshpande boundary) (2026)
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
- 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: assess inquiry status — Pre-decision (§8(1)(h)): exempt. Post-decision: case-specific.
- 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. [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.
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.
