The state government preferred an appeal against the single-judge order of staying Brahmbhatt's suspension.

Brahmbhatt was suspended this October 2. The charges facing the police inspector was that a man named Gopal Patel filed a complaint alleging that on October 3 or 4, Brahmbhatt along with six police constables went to Farmaji Compound and demanded Rs 10 lakh from him. The money was allegedly demanded in exchange of allowing a construction project of Jairaj Builders.

It was also alleged that Brahmbhatt threatened to shoot Patel unless the latter paid up. On receiving the complaint, some preliminary inquiry was made, statements of witnesses recorded and then Brahmbhatt was suspended under the provisions of Bombay Police (Punishment and Appeals) Act till departmental proceedings are over.

But Brahmbhatt challenged his suspension in the high court alleging that Food and Civil Supplies Minister Jaspal Singh had pressurised him to released four accused. But Brahmbhatt did not oblige the minister as the accused were involved in a serious crime, it was submitted. As a result of this, the minister had influenced the authorities to transfer Brahmbhatt, it was alleged.

Also, it was alleged that during counting of votes after last Lok Sabha election, the BJP candidate Jayaben Thakker (now MP) visited a counting centre with some 40 people. When Brahmbhatt stopped and told them that only the candidate and election agent can enter, Thakker allegedly told the police inspector that he would be transferred when the BJP came to power.

Advocate for Brahmbhatt contended that the complaint against Brahmbhatt was filed at the instigation of the Minister and the sitting MP. While staying Justice K.R. Vyas's order, the division bench observed that it did not agree with the single judge's view that from material on record, there seemed mala fide intention on the part of the administration in passing the suspension order.