Can You Get Someone's Disciplinary Record Under RTI? 8(1)(j)

Usually no. You cannot get another person disciplinary or service records under RTI, because they are treated as personal information that is exempt under Section 8(1)(j) of the RTI Act. The only way past this is a clear, larger public interest, such as proven corruption or misuse of public office.

Short answer: Someone else enquiry report, charge-sheet, file notings, ACR and salary details are personal information. A PIO can refuse them under Section 8(1)(j). Your OWN records are a different matter and are usually accessible to you.

If you are short on time, jump to the comparison table below. It shows what you can ask for about yourself versus what a PIO can refuse about someone else.

Your own record vs someone else's record

This is the single most important distinction in this topic. RTI does not treat the two requests the same way.

Document Your OWN record Someone ELSE'S record
Charge-sheet against you Generally yes Generally no
Enquiry officer report Generally yes Generally no
File notings and internal deliberations Often accessible, can be partly withheld Generally no
Final disciplinary order Generally yes Generally no, unless public interest
Salary, ACR, evaluative comments Generally yes Generally no

For your own case status, see how to get your own disciplinary action records and status. The rest of this page is about a THIRD PERSON record, where the answer is usually no.

Why someone else's record is protected

The performance of an employee inside an organisation is primarily a matter between that employee and the employer. A stranger asking for it is asking for private information.

The Kerala High Court explained this clearly. It held that an employee disciplinary and service records are personal information under Section 8(1)(j), and that disclosing them to an outsider would cause an unwarranted invasion of privacy. File notings, internal deliberations and evaluative comments in disciplinary proceedings are protected, unless a larger public interest is shown.

So if you want a colleague enquiry report, a neighbour service book, or an officer ACR purely out of curiosity or rivalry, the PIO can lawfully say no.

What Section 8(1)(j) actually says

Section 8(1)(j) exempts information that relates to personal information where the disclosure has no relationship to any public activity or interest, or which would cause an unwarranted invasion of the privacy of the individual.

There are only two situations where this personal information can still come out:

  1. The larger public interest justifies the disclosure.
  2. The information is of a kind that cannot be denied to Parliament or a State Legislature.

In plain words, the PIO weighs your reason for asking against the other person privacy. If your reason is private curiosity or a personal dispute, privacy wins. If your reason exposes a genuine public wrong, public interest can win.

The narrow public interest exceptions

Section 8(1)(j) is not an absolute wall. A PIO, or an appellate authority, can release a third party disciplinary record when there is a real public interest. Typical examples:

  • Corruption. Records that show bribery, embezzlement or misuse of public funds by a public servant.
  • Misuse of public office. Evidence that an officer abused power, favoured relatives, or acted illegally in a public function.
  • Public safety or integrity. Information needed to expose a danger to the public or a fraud on the public exchequer.

The public interest must be specific and demonstrable. A general claim that the public has a right to know is not enough. You must show why this particular record serves the public, not just you.

For how a PIO is supposed to apply this balancing test, read the PIO framework for deciding Section 8(1)(j).

How to ask correctly

If you have a genuine public interest reason, frame the request carefully. A vague or personal request is the easiest thing for a PIO to reject.

  1. Name the exact record. Ask for a specific document, not “all files” about a person.
  2. State the public interest in writing. Explain, in one or two lines, why disclosure serves the public, for example to expose misuse of public funds.
  3. Avoid personal or evaluative details. Do not ask for salary, ACR grades or family details. These are the most clearly private parts.
  4. Ask for the outcome, not the deliberation. A final order in a corruption case is more likely to be public than the internal notings behind it.
  5. Pay the fee and keep proof. Keep your application number and postal receipt.

What a PIO can refuse

A PIO can lawfully refuse, citing Section 8(1)(j), when:

  • The record belongs to another individual and you show no public interest.
  • You ask for evaluative comments, ACRs, file notings or salary of a third person.
  • The request is rooted in a personal dispute, rivalry or curiosity.
  • Disclosure would expose private facts unrelated to any public activity.

If the PIO refuses, the refusal must be reasoned. A bare “exempt under 8(1)(j)” without explaining the privacy harm is itself a weak order you can challenge.

If you are refused

If you believe your request genuinely served the public interest and was wrongly rejected, you can escalate.

  1. File a first appeal within 30 days of the reply or of the deadline. See how to file a first appeal under Section 19.
  2. In the appeal, restate your specific public interest reason and challenge the bare citation of 8(1)(j).
  3. If the first appeal fails, you can approach the Information Commission as a second appeal.

For a deeper map of the whole RTI process, see The RTI Playbook.

Frequently asked questions

Can I get a coworker's enquiry report under RTI?

Usually no. A coworker enquiry report and disciplinary file are personal information under Section 8(1)(j). Unless you can show a larger public interest, such as corruption, the PIO can refuse it. A workplace rivalry or personal grievance is not a public interest reason.

Can I see another officer's ACR or salary slip?

Generally no. Annual Confidential Reports, performance grades and salary details are among the most clearly personal records. They have little connection to public activity, so disclosure to an outsider is treated as an unwarranted invasion of privacy and can be refused under Section 8(1)(j).

Does the public interest exception always work?

No. The public interest must be specific and demonstrable, not a general claim that people have a right to know. You must explain why this particular record exposes a public wrong, like misuse of public office. A weak or personal reason will not override the other person privacy.

Can I get my own disciplinary record under RTI?

Yes, usually. Your own charge-sheet, enquiry report and final order are generally accessible to you, because you are the subject of that action. Some internal notings can still be withheld. See the page on getting your own disciplinary action records for the correct way to ask.

Is a final disciplinary order against an officer ever public?

Sometimes. A final order in a matter involving corruption or misuse of public office can carry a public interest that outweighs privacy. The internal deliberations behind it are harder to get. The outcome of a genuine public wrong is more disclosable than the private process.

What to do in the next 30 minutes

  • Decide honestly whether your reason is public interest or personal. If personal, RTI will not help.
  • If it is public interest, write the exact document name and a one-line public interest statement.
  • Drop requests for ACRs, salary and family details, which are almost always refused.
  • If you actually want your OWN record, use the own-records guide instead.

Sources

  • State Public Information Officer v. Kerala State Information Commission, Kerala High Court at Ernakulam, Neutral Citation 2026:KER:34827, WP(C) No. 493 of 2019, decided 25 May 2026: https://indiankanoon.org/doc/172408564/
  • Section 8(1)(j), Right to Information Act, 2005.

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