Section 50(8) in Conduct of the Government Litigation, Rules, 2000
(8)A Government Officer other than the head of the department who is summoned to produce an official document, should first determine whether the document is in custody and he is in a position to produce it. Generally, all official records are supposed to be in the custody of the head of the department and it is only under special circumstances that an official document can be said to be in the custody of an individual Government Officer. If the document is in the custody of any Government officer summoned, he should first determine whether the document is an unpublished official record relating to affairs of the State and privilege under section 123 should be claimed or if he has any doubt about the correct position, in both the cases he should refer the matter to the Secretary of his administrative department, who shall then issue necessary instructions and shall also furnish the affidavit in suitable cases. If the document is such that privilege under section 123 cannot be claimed but if the Government Officer considers that the document is a communication made to him in official confidence and that the public interest would suffer by its disclosure, he should claim the privilege under section 124. In doubtful cases, he should seek the advice of the Secretary of his administrative department.
