Central Information Commission
Vishal Shah vs Coconut Development Board on 22 May, 2023
Author: Saroj Punhani
Bench: Saroj Punhani
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/CDBRD/A/2022/141899
VISHAL SHAH ......अपीलकता/Appellant
VERSUS
बनाम
CPIO,
Coconut Development Board, RTI
Cell, Kera Bhawan, SRV Road,
Kochi-682011, Kerala. .... ितवादीगण /Respondent
Date of Hearing : 18/05/2023
Date of Decision : 18/05/2023
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 05/05/2022
CPIO replied on : 02/06/2022
First appeal filed on : 04/06/2022
First Appellate Authority order : 08/07/2022
Second Appeal dated : 29/08/2022
Information sought:
The Appellant filed an RTI application dated 05.05.2022 seeking the following information:
"Please explain the production procedure of Dry Coconut cup (HSN 08011920) and its byproduct Copra (HSN 1203) as per Customs tariff act.
Supporting documents: (unable to attach due to high file size): HSN Explanatory notes for HS 0801 and HS 1203 (2017 edition)."1
The CPIO furnished a reply to the appellant on 02.06.2022 stating as under:
"Copra is the dried kernel of coconut obtained by sun drying, direct drying (smoking), kiln drying or other drying methods. It is not a byproduct of dried coconut.
The drying procedure is furnished below:
i. Sun Drying: Traditional system of copra drying is by spreading the cups (Split open coconut) on any open surface for sun drying. It takes about 8 days for sun drying. The deposition of dirt and dust on wet meat during sun drying results in deterioration of the quality of copra. Further, cloudy weather and low atmospheric temperature also reduce the quality of copra.
ii. Solar Dryer: Use of a closed type of solar dryer avoids the quality deterioration of copra due to deposition of dirt. Drying time is reduced to 3-4 days. A batch type of solar cabinet dryer with a capacity of 100 nuts developed at CPCRI takes only 3 days to dry.
iii. Indirect Drying: Indirect firing involves the use of a form of heat exchanger with some consequent loss of thermal efficiency. A furnace burning shell and husk are sited at one end of the kiln and the heat generated runs through the fire tube, or flue, to exhaust through e tall chimney at the opposite end. A high-quality uncontaminated copra is produced. Modern large scale industrial drying methods are of sealed bin design. Heating is by a shell burning heat exchanger or direct firing diesel burner. Hot air forced through bins in a reversible air flow pattern enables drying within 24 hours."
Being dissatisfied, the appellant filed a First Appeal dated 04.06.2022. FAA's order, if any, dated 08.07.2022, upheld the reply of CPIO.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through video-conference.
Respondent: Pramod P Kurian, Dy. Director & CPIO present through video- conference.2
The Appellant stated that he is aggrieved by the fact that supportive documents in response to RTI Application have not been provided to him till date.
The CPIO relied on his written submission wherein apart from emphasizing the chain of events pertaining to instant case, he further stated as under -
"...Now, the appellant has submitted Second Appeal before the Hon'ble Central Information Commission, New Delhi. He has mentioned therein that he sought the information from CPIO, Coconut Development Board as per the Customs Tariff Act. In this regard, it is submitted that interpretation of the above Act is beyond the purview of Coconut Development Board.
7. Further, the appellant has requested for providing him supporting documents about sundrying method of production process of copra. In this context, to substantiate the CPIO's reply dated 2.6.2022, a true copy of the Technical Bulletin No. 133 of ICAR Central Plantation Crops Research Institute, Kasaragod, Kerala which is the premier institute of Research & Development on coconut is enclosed as Annexure I. It has been mentioned therein that sun drying is one of the methods for production of copra. The information under 'Production of quality copra using copra dryers' on page no. 50 of the bulletin may kindly be seen in this regard..."
Decision:
The Commission upon a perusal of records and after hearing submissions of both the parties find no infirmity in the reply and as a sequel to it further clarifications tendered by the CPIO vide his written submission, as it adequately suffices the information sought by the Appellant in terms of RTI Act.
However, in pursuance to clause 4 of hearing notice, the CPIO is directed to share a copy of his latest written submission free of cost with the Appellant immediately upon receipt of this order under due intimation to the Commission.
The appeal is disposed of accordingly.
Saroj Punhani (सरोज पुनहािन) Information Commissioner (सूचना आयु ) 3 Authenticated true copy (अिभ मािणत स यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 4