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NCT Delhi - Section

Section 8 in Delhi District Courts (Right to Information) Rules, 2008

8. Instruction for deciding the application filed for seeking information.

- The Public Information Officer or the Assistant Public Information officer should, as far as possible, follow the following instruction:
(i)The right to information is a valuable right granted to a citizen, therefore, granting the information is the rule and its rejection an exception.
(ii)Where ever there is a doubt as to whether the information should be supplied to the applicant or not, it should be supplied to applicant.
(iii)The application should not be rejected merely because it does not conform to the Form prescribed if it is otherwise possible to clearly understand what information is being asked for.
(iv)If the application is found to be vague or it is not possible to make out as to what is being asked for by the applicant, the Public Information Officer or the Assistant Public Information Officer may extend help to the applicant, in re-framing the information asked for.
(v)Where the information asked for relates to a voluminous record and the applicant desires to be supplied with copies of the part of the record, the applicant may be allowed to inspect the record to point out the documents the copies of which he would like to be supplied.
(vi)Where the applicant is sensorily disabled or illiterate, the Public Information Officer or the Assistant Public Information Officer shall provide assistance to enable access to information, including the assistance to reduce the application in writing and to inspect the record.
(vii)The Public Information Officer or the Assistant Public Information Officer, shall always keep in mind, while dealing with an application relating to courts that Section 4(1)(d) of the Act does not apply to judicial proceedings conducted by a court or a tribunal as it refers to only administrative and quasi-judicial decisions.
(viii)Where the application is being declined for the reason stated in Rule 7(iii), the confidentiality shall be decided by the District Judge whose decision shall be final in the matter.
(ix)Where the Public Information Officer or the Assistant Public Information Officer intends to disclose the personal information relating to a third party, he or she will not do so without following the procedure laid down in Section 11 of the Act. It will, however, not be necessary to do so in case the information is intended to be declined.
(x)Where the Public Information Officer or the Assistant Public Information Officer intends to decline the information on the ground of it being covered by section 8(1)(d) of the Act, he or she shall do so only with the approval of the District Judge.
(xi)Where the Public Information Officer or the Assistant Public Information Officer, intends to disclose the information covered by Section 8(1)(e) of the Act, he or she shall not do so without the permission of the High Court.
(xii)Where the Public Information Officer or the Assistant Public Information Officer intends to disclose the information under section 8(2) of the Act, he or she shall do so only with the permission of the District Judge.
(xiii)Where the part of the information asked for is vague or it is difficult to make out from it, what is being asked for or it cannot be provided for the reasons stated in rule 4 or part of the information is such which can be supplied, the Public Information Officer or the Assistant Public Information Officer shall supply part of the information which can be supplied.
(xiv)Where the information asked for is readily available on the website of the Delhi District Court or in any book or in any other printed form, the Public Information Officer or the Assistant Public officer shall inform the applicant of the source where this information is available and supply him copy or copies of the same only when specifically asked for.
(xv)The Public information Officer or the Assistant Public Information Officer shall provide information in the form in which it is sought unless it would disproportionately divert the resources of the District Court or would be detrimental to the safety or preservation of the record in question.
(xvi)Where the information is supplied as the copies of the record, the same shall be paginated, stamped and signed by the Public Information Officer or the Assistant Public Information Officer on each page, as the case may be.