The person who had resigned in the above instance is at fault and cannot claim to be innocent under any circumstance. He/she was well aware of the contract of employment between the parties with the employer making it clear as to the period of notice applicable if an employee wishes to quit the employment. This is done primarily to insulate the employer from sudden shocks and time to get a replacement. You cannot make a mockery of the situation and turn around and state that you will pay for the loss etc. It may not be just the salary but much more in some cases when someone abruptly leave a company without any notice, especially if the role is very critical to the company. Paying for the notice period is one option given as a natural justice to both the parties and cannot be ignored just like that. Better admit the fault and try to settle the issue instead of getting mired in the legal tangle which may take much time and stressful in most cases.
Thanks and Regards
15th November 2018 From India, Hyderabad