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(2) Petitioner was serving as Junior Management Grade Scale I Officer in the Nainital Bank Ltd. He was removed from service vide order dated 30.11.2024, passed by respondent no. 3 (Vice President). Petitioner challenged the punishment of removal by filing an appeal, which was dismissed by respondent no. 2. Thus feeling aggrieved, petitioner has approached this Court challenging the order passed by the disciplinary authority, as affirmed by the appellate authority.

(3) Learned Counsel for the bank, however, raised a preliminary objection that the Nainital Bank Ltd. is not “State” within the meaning of Article 12 of the Constitution, as it is neither a nationalised bank nor established under any statute and it has been constituted under the Companies Act as a Scheduled Commercial Bank, therefore, in view of the law declared by Hon’ble Supreme Court in Federal Bank Ltd. v. Sagar Thomas & Others, reported as 2003 (10) SCC 733, writ petition would not be maintainable. He also relies upon a judgment rendered by learned Single Judge of this Court in Civil Writ Petition No. 754 of 2006 (S/S), Umendra Kumar Tandon v. The Chairman, Bank of Baroda, where it was held that writ petition would not be