PIO/FAA Framework for Service-Record RTIs — APAR, Salary, Leave

Pre-decision: APAR is exempt by default. Post-decision: case-specific.

1. Apply §10 severability — Mixed records: disclose work portions, redact personal.
2. Issue speaking order — Cite Girish Deshpande for work-record presumption + reasoning for exempt portions.

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]

Disclose — work record per Girish Deshpande.

Disclose substantive grade; redact reviewing-officer personal narrative.

Disclose — work record (presence/absence).

Exempt under §8(1)(h) until inquiry concludes.

Disclose — public-interest override applies post-decision.

Exempt under §8(1)(j) — not work record.

• 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.

• 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.

• 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.

No — substantive grade disclosable. Only reviewing-officer narrative subjective opinions exempt.

Generally exempt under §8(1)(j) unless specific public-interest in fitness for office.

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

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

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

• pio faa knowledge base
• pio supreme court rulings
• pio section 8 1 j framework
• act/section-8
• rti for acr apar copy

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.