20 days absent during notice period - salary can be deducted from his full and final settlement?

I completely agree with tsivasankaran except that he (leaving employee) should not be allowed to join after leave. Even Anshoo suggested a nice point. No where in the Law ( as far as i know), it has been mentioned that none can avail leave during the period of notice. Let's not divert our attention to the one who is about to leave the organisation. rather concentrate on the ones who are with us. Taking further action against him may bring more problems. It is understood that he had absented himself with intimation to the authority. If he has leave and applies for, leave may be sanctioned. No leave-no pay.

As per above discussion about NOTICE PERIOD serve, question arise in my mind that if person worked for employer & due to uncertainty (family problems) he is asking about leave but not sanctioned the leave, person went on leave & face the problems for his family even his father is hospitalized(ICU) as suffering by heart problems so that he is asked to employer to relieve him on humanity ground as he need to attend his father as his life in danger. the employer accepted his resign & immediately appoint the former employee on the place of this person on duty. while a person is asked for his 12 days salary + full & final settlement, the employer said that u didn't serve the notice of 03 months even though employer already appointed former employee at that place. now, a person is helpless & he is in very critical financial condition beco'z of bypass surgery of his father & family burden.
In this connection, kindly share your views & suggestions