The Rajasthan High Court has upheld the denial of salary details of a government employee sought under the Right to Information Act, 2005, ruling that such information constitutes “personal information” exempt from disclosure in the absence of any overriding public interest.
Case Details
- Case Title: Smt. Kanta Kumawat v. State of Rajasthan & Ors.
- Court: High Court of Judicature for Rajasthan at Jodhpur
- Bench: Hon’ble Mr. Justice Kuldeep Mathur
- Date of Judgment: 03 February 2026
- Case Number: S.B. Civil Writ Petition No. 7374/2025
- Citation: [2026:RJ-JD:6212]
The writ petition was filed under Article 226 of the Constitution of India, challenging the order dated 23.10.2024 passed by the Rajasthan State Information Commission.
The petitioner sought quashing of the said order and a direction to the authorities to furnish information requested in her RTI application dated 09.04.2024.
Background of the Dispute
The petitioner, Smt. Kanta Kumawat had applied under the Right to Information Act, 2005 , seeking copies of the pay slips and details of salary paid to an employee of the respondent department, namely Omprakash, for the period from January to March 2024.
The request was declined by the competent authority through orders dated 26.06.2024 and 23.10.2024.
The rejection was premised on the ground that the information sought was personal in nature, pertained to a third party, and was therefore exempt from disclosure under the provisions of the RTI Act.
Aggrieved by the denial, the petitioner approached the High Court seeking judicial review of the Information Commission’s order and a direction to the Superintendent of Police and concerned Public Information Officers to provide the requested salary details.
Reliefs Sought in the Writ Petition
As recorded in the order, the petitioner sought the following reliefs:
- 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.
- By an appropriate writ, order or direction order may kindly be issued and respondent no. 2 may kindly be directed to provide the information sought by the petitioner in application dated 09.04.2024; and
- 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.
High Court’s Analysis on Personal Information under RTI Act
After hearing learned counsel for the petitioner and perusing the record, Justice Kuldeep Mathur examined whether salary slips and pay details of an individual employee could be disclosed under the RTI Act, 2005.
The Court observed that the information sought related to a third party and had been refused on the ground that it was personal information exempted from disclosure.
In its reasoning, the High Court relied upon the law laid down by the Supreme Court in Girish Ramchandra Deshpande v. Central Information Commissioner & Ors., (2013) 1 SCC 212. Quoting the principle enunciated therein, the Court noted:
“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.”
The High Court made it clear that in the present case, no overriding public interest had been demonstrated that would justify disclosure of the salary details of the concerned employee.
Findings and Final Decision
The Court found no illegality or infirmity in the action of the respondents in refusing to supply the information relating to a third party.
It held that the rejection of the RTI application was in accordance with law and consistent with the Supreme Court’s interpretation of “personal information” under the RTI Act.
In view of the discussion, the Court concluded:
“This Court finds no merit in the present writ petition. Accordingly, the same is hereby dismissed.”
Consequently, the writ petition was dismissed, and the stay petition also stood disposed of.
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