N. Ravi Shankar, J.

1. The point raised in this writ petition is whether the Termination Order passed by the Managing Director of the 1st respondent bank through his Proceedings No. SMCUB/2001/783 dated 15.12.2001 removing the petitioner from its service is illegal and is liable to be set aside.

2. Incidentally the jurisdiction of this Court to entertain this writ petition and adjudicate the controversy raised is also questioned by the 1st respondent's Counsel on the ground that on the facts of this case the writ petition is not maintainable. This is the other point raised.

3. The facts leading to the filing of this writ petition giving rise to the above two points are not in dispute and can be stated as follows:

The petitioner herein earlier worked as Manager in Andhra Bank which is a nationalized bank and retired from its service on superannuation. Thereafter he was appointed as Manager in the 1st respondent bank which is a Co-operative Urban Bank Limited which is stated to be in private sector and he has been working in it since March, 1998.

4. Learned Counsel for the petitioner and also the learned Counsel for the 1st respondent bank agree that the petitioner's appointment was