IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 15TH DECEMBER 2008 / 24TH AGRAHAYANA 1930 WP(C).No. 36382 of 2008(F) -------------------------- PETITIONER: ----------------- M.M.JOSEY, AGED 57,S/O.MANUAL,CMD (OG) MT POOL, INS VENDRUTHY, KOCHI-4,RESIDING AT, MUTTATH, NEDUMPARAMBIL HOUSE, KANNADIKKADU, MARADU P.O.,KOCHI-682304. BY ADV. SRI.C.P.UDAYABHANU SMT.PREETHI K.PURUSHOTHAMAN RESPONDENTS: --------------------- 1. THE COMMANDING OFFICER, INS VENDURUTHY, NAVAL BASE, KOCHI-04. 2. THE LOGISTICS OFFICER,INS VENDURUTHY,NAVAL BASE, KOCHI-04 3. DY.LOGISTICS OFFICER, INS VENDURUTHY,NAVAL BASE, KOCHI-04. ASSISTANT SOLICITOR GENERAL P. PARAMESWARAN NAIR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ----------------------------- W.P.(C) NO:36382 of 2008 ----------------------------- Dated this 15th day of December, 2008 JUDGMENT The petitioner who is presently working as Civil Motor Driver in INS Venduruthi has filed this Writ Petition challenging Ext.P3 order dated 7-10-2008 passed by the Commanding Officer INS Venduruthy. By Ext.P3 the Commanding Officer INS Venduruthy has imposed on the petitioner the penalty of withholding of the next increment which falls due for a period of one year without cumulative effect. Ext.P3 discloses it is one passed under Rule 12 of the Central Civil Services (Classification, Control and Appeal Rules, 1965. Rule 23 of the said Rules confers on the petitioner the right to file an appeal from Ext.P3. The Writ Petition is accordingly dismissed reserving liberty with the petitioner to move the competent appellate authority invoking Rule 23 of the Central Civil Services (Classification, Control & Appeal) Rules, 1965. The contentions of the petitioner on the merits are kept open. P.N.RAVINDRAN, JUDGE bps