TDS Deduction n return not submitted

My question is if a person(Salaried Employee) has not submitted his return of income for the AY 2007-08 & 2008-09 as no income tax is due but his employer has deducted the TDS on the same........ may be bcox he hadnt submitted docs as proof for eligible deductions.

So now can he submit his returns for getting the refund of tax and whether he is liable to penalty or not