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2026 Supreme(Raj) 197

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
KULDEEP MATHUR, J.
Smt. Kanta Kumawat W/o Omprakash Kumawat D/o Prahalad Kumawat – Petitioner
Versus
State Of Rajasthan, Through Commissioner Rajasthan State Information Commission – Respondents
S.B. Civil Writ Petition No. 7374 of 2025
Decided On : 03-02-2026

Advocates Appeared:
For Petitioner(s): Mr. Gopal Lal Acharya

Information regarding employee performance is considered personal and exempt from disclosure under the RTI Act unless public interest outweighs privacy concerns.

Headnote:(A) Constitution of India - Article 226 - Right to Information Act, 2005 - Denial of information regarding employee pay slips on grounds of personal nature and third-party exemption - The Court upheld denial as per legal precedents; information is personal, governed by service rules, and requires public interest to override privacy. (Paras 1, 4)

(B) Information Disclosure - The Court emphasized that employee performance information qualifies as personal information and thus is exempt from disclosure unless public interest dictates otherwise. (Paras 4, 5)

Facts of the case:
The petitioner requested salary details of an employee for a specific period under the RTI Act, which was refused based on personal nature and third-party concerns.

Findings of Court:
The Court found no illegality in the refusal of information, affirming the application of personal information exemption.

Issues: The main issue addressed was whether the requested information regarding employee salary could be disclosed under the RTI Act given its personal nature.

Ratio Decidendi: The Court concluded that information regarding employee performance is personal and protected unless a significant public interest is demonstrated.

Result: Writ petition dismissed.

Order

1. The instant writ petition under Article 226 of the Constitution of India has been filed by the petitioner seeking the following reliefs:-

“I. By an appropriate writ order or direction, the judgment dated 23.10.2024 (Anx-5) passed by the respondent no. 1 may kindly be quashed and set aside.

II. By an appropriate writ, order or direction order may kindly be issued and respondent no. 2may kindly be directed to provide the information sought by the petitioner in application dated 09.04.2024; and
III. Any other appropriate writ, order or direction which this Hon’ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.”

2. Heard.

3. After hearing learned counsel for the petitioner and upon perusal of the material available on record, this Court finds that the petitioner had sought copies of the pay slips/details of the salary paid to an employee of the respondent department, namely Omprakash, for the period from January to March, 2024. The information sought by the petitioner under the Right to Information Act, 2005 was denied vide orders dated 26.06.2024 and 23.10.2024 passed by the competent authority, on the ground that the information sought is personal in nature, pertains to a third party, and is therefore exempted from disclosure under the provisions of the RTI Act.

4. This Court finds no illegality or infirmity in the action of the respondents in refusing to supply the information relating to a third party. This Court is conscious of the law laid down by the Hon’ble Supreme Court in Girish Ramchandra Deshpande v. Central Information Commissioner & Ors., reported in (2013) 1 SCC 212 , wherein it has been held that information relating to the performance of an employee or officer in an organisation is primarily a matter between the employee and the employer, governed by service rules, and falls within the ambit of “personal information”. Disclosure of such information, in the absence of any overriding public interest, has no relationship with any public activity or public interest.

5. In view of the aforesaid discussion, this Court finds no merit in the present writ petition. Accordingly, the same is hereby dismissed.

6. The stay petition also stands disposed of.

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