Disciplinary Proceedings

I was issued charge sheet under major penalty in 2/95 on two articles of charge namely unauthorized absence and secondly having taken permanent residency of Canada without intimation/permission of dept i.e. ESIC. Hearing for 2 hrs in Sept 95, same in Oct 95. Statement of defense taken in Nov.95. Written brief recd from IO in May 96 and final arguments slated for July 6, 96. On this day PO did not attend. Only myself and IO present. IO compelled me to submit reply to the brief immediately then and there on threat of adverse report. I wrote the reply on note sheet provided by IO. In Nov. 97 I recd summons from IO calling me to attend hearing in order to record the statement of witnesses. At the hearing I submitted objection to the proceedings. Hearing was adjourned. In Nov 98 I was transferred to Gujarat following which the IR was submitted upholding the charges. In reply to IR I submitted that the principles of natural justice were compromised, statement of witnesses not recorded, documents not taken on record and marked as exhibits, opportunity not given to present the case of defense, no DOS ever issued. The CVO submitted to DG upholding most of my objections. The DG ordered a fresh inquiry De-Novo and approved the name of the new IO. Before official orders could be issued the DG was transferred on promotion. The new incumbent who was given the additional charge of DG dropped the charge of permanent residency but upheld the charge of unauthorized absence and imposed a penalty of stoppage of three increments with cumulative effect. In reply to my appeal the Appellate Authority upheld the punishment and stated that I had been given a Minor punishment only. The punishment was major. I approached the CAT Bench at Chandigarh who called for the record of inquiry. The ESIC submitted affidavits stating that the inquiry records were not available and as such could not be produced. The CAT rejected my appeal stating: Applicant escaped from India on a lame excuse without permission from department (copy of NOC and sanctioned EL was already on record), non production of inquiry record in no way affects he case, applicant has been let of leniently though he deserved severe punishment etc. The case was admitted by the P&H HC CHD in 2004 and till date has not been listed for hearing. I retired from service in 2007. What should I do now. Should I approach the department for reconsideration of case in the light of the above deficiencies. One DA rules inquiry vitiated and wants a fresh de novo inquiry whereas his successor, without assigning any reason imposes penalty. The CVO changes his views and now claims that the objections can be countered as there has been no deficiency in the inquiry proceedings. Kindly advise my legal position based upon the above.