We are afraid, such personal opinion based on personal experience cannot be allowed to influence a judicial decision, which is to be rendered on the basis of appreciation of evidence on record and not by bringing personal opinion and experience of the Member presiding over the matter. Such an opinion/view could not have been brought into the decision-making process for the simple reason that the petitioner was never made known of such prejudicial facts nor was given the opportunity to cross-examination the Member of the Tribunal in order to ascertain the veracity of such an opinion. Such an opinion of the Tribunal was not brought to the notice of the proceedee. Personal opinion of a Judge or Member of a Tribunal ought not to be allowed to influence the decision-making process as it would amount to personal bias, which will vitiate the decision-making process. Neutrality of a Judge or decision making authority will stand compromised if his personal opinion based on personal experience based on certain fact situation is allowed to shape his final decision. While a Judge is entitled to have his views on the rival contentions of the contesting parties or on the question of law, he cannot bring his own views or belief based on his personal experience or certain facts, and make it a part of the decision. That would amount to bringing an extraneous material to shape the decision, which is unknown to the parties, but known only to the Judge. Since, in the present case, such a personal knowledge of the Member of the Tribunal relates to certain alleged malpractices, unless substantiated by evidence or already judicially noticed earlier, cannot be used to shape his decision. Apart from being plainly prejudicial to the parties, it amounts to judicial impropriety.
