(1) Where, after investigation into a complaint, the Lok Ayukta or an Upa-Lok Ayukta is satisfied that the complaint involving an allegation against the public servant is substantiated and the public servant is not fit to hold the post as such, the Lok Ayukta or Upa-Lok Ayukta, as the case may be, shall make a recommendation to the competent authority to that effect in its report under sub-section (3) of section 12.
(2) The competent authority shall examine the recommendation made by the Lok Ayukta or Upa-Lok Ayukta, as the case may be, and communicate to the Lok Ayukta or Upa-Lok Ayukta, as the case may be, within a period of ninety days from the date of receipt of the report, the action taken or proposed to be taken on the basis of the recommendation or the reasons for not taking any action on the said recommendation:
Provided that where the competent authority is the State Legislative Assembly, in computing the period of ninety days, any period during which the State Legislative Assembly is not in session, shall be excluded.
(3) In the case of a public servant falling under items (iv) to (vii) of clause (o) of section 2, the appointing authority shall initiate appropriate action in accordance with the rules or regulations applicable to the service of such public servants.
(4) If the public servant is a member of All India Service as defined in section 2 of the All-India Services Act, 1951 (Central Act 61 of 1951), the Government shall take appropriate action in accordance with the rules or regulations applicable to his service.]