( 1 ) THIS writ petition on notice to the respondents coming up for preliminary heating in 'b' Group arid after hearing the Counsel for 'petitioner and respondents is disposed of as follows ; ( 2 ) THE petitioner was serving in the Government Junior College, megaravalli, Thirthahalli Taluk Shimoga District, as Physical Educationf teacher. By an order of transfer dated 9-7-1978 he was transferred to Government High School nonahoor, Thirthahalli Taluk, as Physical Education Teacher. As part of his duties, he was incharge of sports and craft articles while at Megaravalli. He handed over charge of his post at Megaravalli to Shri Shantharama Prabhu in accordance with the procedure in the Department i. e. , after due verification of the stock registers with the sports and craft articles. The petitioner reported to duty at Nonaboor on 12-7-1978 and has been working there eversince. ( 3 ) IT appears that on 18-8-1978 more than a month after the petitioner handed over the charge at Megaravalli, the Principal of the Government junior College, wrote to the Principal of the Junior College, Nonaboor, stating that the petitioner has not handed over charge of certain items of articles as per the list and therefore a sum of Rs. 128 should be recovered from him and credited to the account of the Government in the Treasury and in the said circumstance, his last pay certificate had been withheld. A true copy of this letter has been produced as Ext. A to the petition. ( 4 ) THEREAFTER on 8-9-1978 the 2nd respondent-Principal, Megaravalli junior College, once again wrote to the Deputy Director of Public Instruction, shimoga District, Shimoga, reiterating the contents of his letter in regard to certain missing articles in the stock register at Megaravalli Junior College consequent upon the handing over of charge by the petitioner, as Physical Education teacher. In the said letter, the 2nd respondent came to the conclusion that the petitioner had lost the sports articles worth about Rs. 479-75 and craft articles Rs. 128 and thus a total sum of Rs. 607-75 was due from the petitioner wp. 1638/79 and as such his last pay certificate had been withheld. Thereupon, the 1st respondent Deputy Director of Public Instruction, Shimoga District, Shimoga, by his letter dated 3-10-1978 instructed the 2nd respondent to issue the last pay certificate of the petitioner showing in the recovery column the sum of Rs. 607-75 was due from the petitioner wp. 1638/79 and as such his last pay certificate had been withheld. Thereupon, the 1st respondent Deputy Director of Public Instruction, Shimoga District, Shimoga, by his letter dated 3-10-1978 instructed the 2nd respondent to issue the last pay certificate of the petitioner showing in the recovery column the sum of Rs. 607-75 being the cost of the sports and craft articles said to have been not handed over at the time of handing over charge. ( 5 ) SUBSEQUENTLY, on 12th December 1978, the petitioner got a legal notice issued to Principal, Government Junior College, Megaravalli, protesting against the withholding of last pay certificate on the ground of missing sports articles etc. , without holding any enquiry in that behalf whatsoever. In the same notice it was also stated that due enquiry should be held and only after such enquiry, should any responsibility be fixed on the petitioner. This was replied to by the 2nd respondent Principal of Megaravalli Junior College stating that no revised l. P. C. could be issued, as his office had to act upon the instructions of the 1st respondent-Deputy Director of Public Instruction. Aggrieved by the conduct of respondents 1 and 2, the petitioner has challenged the legality of last pay certificate issued directing a recovery of Rs. 607-75 from his salary without affording him an opportunity to prove that such sums are not liable to be recovered from him. ( 6 ) SHRI T. V. Anantha Murthy, learned Counsel for the petitioner, has contended that such punishment inflicted is contrary to the rights guaranteed to every Government employee under Art. 311 of the Constitution and that civil consequences have been forced upon the petitioner without an enquiry. ( 7 ) THE learned Government Pleader who has relied upon the records of the case clearly concedes that no enquiry was ever held before the impugned last pay certificate was issued by the 2nd respondent as directed by the 1st respondent. ( 8 ) IT is well settled principle that no civil consequences should visit upon any person unless and until he has been given a proper opportunity. As admittedly, the last pay certificate has been issued subject to recovery of Rs. ( 8 ) IT is well settled principle that no civil consequences should visit upon any person unless and until he has been given a proper opportunity. As admittedly, the last pay certificate has been issued subject to recovery of Rs. 607-75 without any enquiry whatsoever for the alleged shortage of sports and craft articles, it is necessary to declare that the last pay certificate issued was without the authority of law and contrary to the constitutional rights of the petitioner. ( 9 ) THEREFORE, the petitioner is entitled to succeed and rule shall issue. The order of the 1st respondent-Deputy Director of Public Instruction dt. 3-10-1978 (Ex C) bearing No. A/c. 3. 13914-REV. 53/78-79 is hereby quashed. Respon- dent-2 is directed to issue the last pay certificate without indicating any amount whatsoever in recovery column within two weeks from today. ( 10 ) IT is, however, made clear that quashing of Ext-C or the direction issued will not amount to expressing any opinion by this Court regarding the alleged loss of sports and craft articles at 2nd Respondent's Junior College. The appropriate authority is free to hold any enquiry into this matter after notice to the petitioner and take appropriate steps in accordance with the finding of such enquiry ( 11 ) IT is accordingly ordered and there will be no order as to costs in the circumstances of the case. ( 12 ) A copy of this order will be furnished to the Government Pleader free of cost, forthwith. Shri G. R. Nataraj, learned High Court Government Pleader, is permitted to file his memo of appearance within two weeks from today. --- *** --- .