Rajasthan High Court on RTI Access to Employee Salary Slips: Key Legal Takeaways

Background of the Dispute

Parties and Nature of the Petition

The matter titled Smt. Kanta Kumawat Vs State of Rajasthan came before the Rajasthan High Court as a writ petition under Article 226 of the Constitution of India.

The petitioner invoked the writ jurisdiction of the High Court seeking:

  • Judicial review of an order dated 23.10.2024; and
  • A direction to the concerned public authority to furnish information earlier requested under the Right to Information Act, 2005.

Information Requested under RTI

Through an RTI application dated 09.04.2024, the petitioner sought:

  • Copies of pay slips, and
  • Details of salary paid

in respect of one employee of the respondent department, namely Omprakash, for the period January 2024 to March 2024.

The information thus related specifically to the remuneration and pay records of a third-party government employee.

Administrative Refusal of the RTI Request

The competent authority dealing with the RTI application rejected the request via orders dated:

  • 26.06.2024, and
  • 23.10.2024

on the following grounds:

  1. The information demanded was personal in nature.
  2. It pertained to a third party.
  3. Such material was exempt from disclosure under the scheme of the Right to Information Act, 2005.

The petitioner, being aggrieved by the subsequent order dated 23.10.2024, approached the Rajasthan High Court.

Procedural History and Reliefs Sought

Writ Petition under Article 226

The petitioner filed a writ petition challenging the decision of respondent No. 1 dated 23.10.2024 (Annexure‑5). In essence, the petitioner prayed for:

  1. Quashing of the judgment/order dated 23.10.2024.
  2. A direction to respondent No. 2 to provide the information sought through RTI application dated 09.04.2024.
  3. Any other suitable writ, order or direction that the Court considered appropriate in the circumstances.

The High Court heard counsel for the petitioner and examined the record, including the impugned orders rejecting the RTI request.

The writ petition raised two central legal issues:

  1. Right to Information vs. Privacy of Employee Records

    • Whether, under the Right to Information Act, 2005, the petitioner could compel disclosure of salary slips and detailed pay records of an employee who is a third party.

  2. Justification for Non-disclosure

    • Whether the authorities were legally justified in treating such salary information as “personal information” and consequently refusing disclosure on that basis.

These issues had to be considered against the framework of the RTI Act and binding judicial precedents.

Statutory and Constitutional Framework

Constitutional Provision

  • Article 226 of the Constitution of India empowers High Courts to issue writs for enforcement of fundamental and other legal rights, and for judicial review of administrative and quasi-judicial decisions.

Key Legislation Involved