Husband’s Salary Slips Are Personal Information: Rajasthan High Court Refuses Disclosure Under RTI

“Service Matters Between Employer and Employee Cannot Be Opened Without Overriding Public Interest”, Rajasthan High Court dismissed a writ petition seeking disclosure of salary details of a government employee under the Right to Information Act, 2005.

Justice Kuldeep Mathur upheld the order of the Rajasthan State Information Commission dated 23.10.2024, holding that pay slips and salary details of an employee constitute “personal information” under Section 8(1)(j) of the RTI Act and cannot be disclosed in the absence of any overriding public interest.

The Court found no illegality warranting interference under Article 226 of the Constitution.

RTI Application Seeking Salary Details of Third-Party Employee

The petitioner had filed an RTI application dated 09.04.2024 seeking copies of pay slips and salary details of one Omprakash, an employee of the respondent department, for the period January to March 2024.

The competent authority rejected the request on 26.06.2024, and the Rajasthan State Information Commission upheld the denial on 23.10.2024, observing that the information sought was personal in nature and related to a third party.

Aggrieved, the petitioner approached the High Court under Article 226 seeking quashing of the Commission’s order and a direction to furnish the information.

“Information Relating to Performance of an Employee Is Primarily a Matter Between Employer and Employee”

The High Court examined the scope of Section 8(1)(j) of the RTI Act, which exempts disclosure of personal information that has no relationship to any public activity or public interest, or which would cause unwarranted invasion of privacy, unless larger public interest justifies disclosure.

The Court relied upon the Supreme Court’s decision in Girish Ramchandra Deshpande v. Central Information Commissioner (2013) 1 SCC 212, where it was held:

“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.”

Applying this principle, the Court held that service-related details, including pay slips and salary particulars, are protected as personal information.

No Overriding Public Interest Demonstrated

Justice Mathur observed that the petitioner failed to demonstrate any larger public interest that would justify disclosure of the salary details of a third-party employee.

The Court found that the information sought did not relate to any public activity warranting transparency, nor was there any allegation of corruption or misuse of public funds that could tilt the balance in favour of disclosure.

In the absence of such overriding public interest, the exemption under Section 8(1)(j) squarely applied.

Limited Scope of Judicial Review Under Article 226

The Court further held that the orders passed by the competent authority and affirmed by the State Information Commission did not suffer from any illegality or infirmity.

Exercising writ jurisdiction under Article 226, the High Court declined to substitute its view in the absence of any procedural or legal error in the decision-making process.

The writ petition was dismissed, and the order dated 23.10.2024 of the Rajasthan State Information Commission was upheld. The stay petition was also disposed of.

The ruling reinforces the principle that while the RTI Act promotes transparency, it does not override the right to privacy of individuals. Salary and pay slip details of an employee remain protected personal information unless a clear and compelling public interest is established.

Date of Decision: 03/02/2026