M. RAMA JOIS, J. ( 1 ) THE petitioner, who is a Circle Inspector in the Police Department of the State Government, has presented this writ petition praying for quashing the order by which he has been asked to pay penal rent in respect of the house which he continued to occupy even after his transfer. ( 2 ) THE facts of the case are as follows: the petitioner was originally a Sub- inspector of Police attached to a Police station in the city of Bangalore. He was in occupation of an official residential quarters allotted to him as Sub-Inspector of Police. He was promoted as inspector and transferred to COD (Corps of Detective) Bangalore. But in spite' of his transfer, the petitioner continued to occupy the quarters. In the circumstances, the impugned order (Annex-ure-A) has been made calling upon the petitioner to pay penal rent. The operative portion of the order reads:"sri Yaseen, Police Inspector who was relieved on the forenoon of 17-5-76 on his transfer to COD is still in occupation of earmaked quarters at s. C. Road. Hence, penal rent as per rule, is calculated upto date as follows: rs. 1. From 17-5-76 to 31-5-76 Rs. 15 days Free of rent 2. 1-6-76 to 15-7-76 (usual rent) 14 months 64-40 3. 16-7-76 to 15-8-76 1 month 193-20 4. 16-8-76 to 15-11-76 (5 times the usual 3 months 966-00 . rent Total 1,255-60 please recover the above penal rent of Rs. 1,255-60 in 4 instalments from the pay of Sri Yaseen commencing from November 1976. In addition to the arrears, the penal rent at Rs. 322 p. m. may also be recovered from 16-11-1976 onwards till he vacates the quarters. Sd/- Commr. of Police. "he has also prayed for setting aside the order dated 8-8-1980 (Annexure-D) by which the petitioner has been called! upon to pay penal rent for the subsequent period. ( 3 ) LEARNED counsel for the petitioner relied on the judgment of this Court in u. M. Anigol v. State of Mysore (1 ). He submitted that having regard to the definition of the word 'transfer' contained in rule 8 (49) of the K. C. S. Rules, the petitioner was not obliged to leave the residential quarters as he has not been transferred outside the headiquarters. The decision on which the petitioner relied certainly supports his case. He submitted that having regard to the definition of the word 'transfer' contained in rule 8 (49) of the K. C. S. Rules, the petitioner was not obliged to leave the residential quarters as he has not been transferred outside the headiquarters. The decision on which the petitioner relied certainly supports his case. ( 4 ) SRI S. V Narasimhan, learned high Court Government Pleader, however, pointed out that the above decision was rendered in view of rule 26 of appendix IV to the K. C. S. Rules, as it stood at that time and that the said rule has been subsequently amended providing for the levy of penal rates of licence fee even when a civil servant was transferred or posted to another post in the same headquarters station. The rule as amended reads as follows:"26. Levy of penal rates of licence fee in cases where the officials do not vacate the quarters either on transfer or retirement or on posting to another post in the same or in any other office in the same head-quarters station for which allotment of Government quarters is considered to be not essential under Rule 1 of these Rules. "the amendment was made on 18-3-1975 which came into force on 3-4-1975. In view of the clear wording of rule 26 as amended as aforesaid, a civil servant, even when his transfer to another post is in the same headquarters, is bound to vacate the quarters allotted to him earlier, if the allotment of the quarters is considered not essential for the post to which he is transferred. ( 5 ) LEARNED counsel for for the petitioner, however, pointed out, that before levy of penal rent, there must be a decision to the effect that allotment of a government quarters was not essential in terms of rule 1 of the Appendix IV to the K. C. S. Rules. Relevant portion of rule 1 reads:"1. No houses should be built or purchased by Government as residences for Government servants, except in the following cases. (i) When it is the recognised duty or established custom of government to provide quarters at Government expense. (ii) When it is necessary on public grounds for the Government servant to reside in, or close to the premises in which his duties have to be performed, such as a jail, a police station, a school or a factory. (i) When it is the recognised duty or established custom of government to provide quarters at Government expense. (ii) When it is necessary on public grounds for the Government servant to reside in, or close to the premises in which his duties have to be performed, such as a jail, a police station, a school or a factory. " ( 6 ) IT is true as contended by the learned High Court Government Pleader that after the amendment of Rule 26, a civil servant cannot claim to continue in the quarters allotted to him ever after the transfer to a post in the same headquarter town. But the learned counsel for the petitioner is also right in his submission that in view of Rule I of Appendix IV aforesaid before recovering penal rent, a conclusion must be reached that he was not entitled to the allotment of quarters in the post to which he is transferred. In the impugned order no such finding is recorded. Apart from this, the impugned orders have got civil consequences to the petitioner and, therefore, they could not have been made without giving an opportunity to make representation against the action, to the petitioner. Therefore the impugned orders are liable to be quashed on the ground that they have been made in violation of the principles of natural justice. ( 7 ) ACCORDINGLY, I make the following order: (i) Rule made absolute. (ii) The impugned orders dated 26-11-1976 (Annexure-A) and 8-8-1980 (Annxure-D) are set aside. (iii) The respondents are at liberty to pass fresh orders after giving notice to the petitioner of the proposed action setting out the ground on the basis of which the penal licence fee is proposed to be levied and after considering the representation made, if any, by the petitioner objecting to such proposal. (iv) No costs. --- *** --- .