"I have read that cpu temp should be no higher than system temp (presently 38 C)"
Not true. Generally, the CPU temp at idle should be within 10C of the system temp, but it really depends on the make/model of the CPU. Some CPUs simply run hotter than others.
"Ambient temp presently 22C"
My question to you is, why is the system temp so high? Explain your case cooling configuration. If you can bring the system temp down, the CPU temp will drop along with it.
My temps are currently, room @ 20C, system @ 25C, CPU @ 31C.